Date on Which Order Was Pronounced

Date on Which Order Was Pronounced

Form FL-28
[Rule 12.53(d)]

COURT FILE NUMBER / ######### /
COURT / COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL CENTRE / EDMONTON
APPLICANT / #########
RESPONDENT / #########
DOCUMENT / EX PARTE SUBSTITUTIONAL SERVICE ORDER
ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT / #########

DATE ON WHICH ORDER WAS PRONOUNCED:

LOCATION OF HEARING OR TRIAL: Edmonton, Alberta

NAME OF JUDGE WHO MADE THIS ORDER:

UPON THE APPLICATION of the Applicant, ex parte; AND UPON READING the Affidavit of the Applicant; AND UPON HEARING Counsel for the Applicant;

IT IS HEREBY ORDERED THAT:

  1. Pursuant to rules 11.28 and 12.55 of the Rules of Court, the Applicant may substitutionally serve the Statement of Claim for Divorce,Notice of Mandatory Seminar, and this Order, each in the within action, upon the Respondent#########, by:

[choose one or more]

  1. Sending the following notice through private message to the Facebook account under the name of John Smith, located at

“NOTICE OF ACTION. JOHN SMITH. JOHN SMITH, please be advised that a legal action in the Court of Queen’s Bench of Alberta, Judicial Centre of Edmonton, for divorce has been commenced by your wife JESSICA SMITH. You are named as the Defendant in this action numbered #########. To obtain a copy of the Statement of Claim for Divorce and Notice of Mandatory Seminar we ask that you immediately contact: THE MILLER BOILEAU FAMILY LAW GROUP, solicitors for the Plaintiff, at 10981 – 127 Street NW, Edmonton, Alberta, T5M 0T1, Attn: Kenneth J. Proudman, Telephone: (780) 482-2888.”;

  1. Emailing a copy of the Statement of Claim for Divorce and Division of Matrimonial Property and a copy of this Order to the Respondent’s sister Karen Smith, at ;
  1. Serving the Statement of Claim for Divorce and Notice of Mandatory Seminar in the within action, together with a true copy of this Order, upon the Respondent by posting said documents on the front door or in any other conspicuous place upon the residence located at:

1600 Pennsylvania Ave NW

Washington, DC, USA

  1. Serving the Statement of Claim for Divorce and Notice of Mandatory Seminar in the within action, together with a true copy of this Order, upon the Respondent by sending same by ordinary and registered mail to Respondent’s parents at the following address:

Agnes Smith

1600 Pennsylvania Ave NW

Washington, DC 20500, USA

  1. Advertising the following notice in one edition of the Edmonton Sun per week for _____ concurrent week(s):

“NOTICE OF ACTION. JOHN SMITH. JOHN SMITH, please be advised that a legal action in the Court of Queen’s Bench of Alberta, Judicial Centre of Edmonton,in relation to the guardianship of JANE SMITH, born #########, has been commenced by JESSICA SMITH. You are named as the Respondent in this action under court file number#########. To obtain a copy of the Claim – Family Law Act, Adult’s Statement – Guardianship of Child, Statement – Terminate Guardianship, and Affidavit of Jessica Smith sworn ##########, 20##we ask that you immediately contact: THE MILLER BOILEAU FAMILY LAW GROUP, solicitors for the Plaintiff, at 10981 – 127 Street NW, Edmonton, Alberta, T5M 0T1, Attn: Kenneth J. Proudman, Telephone: (780) 482-2888.”; and

e.Serving the Statement of Claim for Divorce and Notice of Mandatory Seminar in the within action, along with a copy of this Order, upon the Respondent by sending same by ordinary and registered mail to the Respondent’s last known Probation Office, to the following address:

Edmonton Central Intake

105th Street Building

#800, 10242 – 105 Street

Edmonton, AB

T5J 3L5

Attn: ##########

  1. Substitutional service effected in the manner specified in paragraph 1 before ______, 20___shall be good and sufficient service of the Statement of Claim for Divorce,Notice of Mandatory Seminar, and this Order. Such service shall be good and sufficient service of the Notice of Mandatory Seminar as required by Court of Queen’s Bench of Alberta Family Law Practice Notice 1. Such service specified in paragraph 1 may include such service conducted prior to the granting of this Order, provided that it is effected in the manner specified in paragraph 1. An mailing specified in paragraph 1, whether by ordinary or registered mail, shall be effective notwithstanding that the mail is not accepted or retrieved.
  1. The requirement contained in rule 12.57, requiring a picture of the person served with the Statement of Claim for Divorce and Notice of Mandatory Seminar be included with the proof of service, is dispensed with.
  1. The Respondent shall have ______days following the date by whichsubstitutional service has been effected to file and serve a Statement of Defence or Demand for Notice.

5.The Applicant shall be at liberty to serve subsequent notices and orders arising out of this action upon the Respondent by serving same by ordinary mail to the Respondent’s parents at the following address:

Agnes Smith

1600 Pennsylvania Ave NW

Washington, DC 20500, USA

and such service shall be good and sufficient service of any such documents so served.

  1. In the event the Respondent does not file and serve a Statement of Defence or Demand for Notice in the time limited herein, the Applicant is hereby given leave to enter Default Judgment against the Respondent without further notice and without further Order of this Honourable Court.
  1. If the Applicant is provided with any previously-unknownaddress for the Respondent subsequent to the granting of this Order but prior to noting the Respondent in default[or date], the Applicant shall first make an attempt to personally serve the Respondent prior to noting the Respondent in default.
  1. The hearing of this matter shall be adjourned to ______, 20___ at __:00 __.m.
  1. Costs of this application shall be costs in the cause.

______

M.C.C.Q.B.A.

- 1 -

precedent by Ken Proudman of the Miller Boileau Family Law Group

editable version located at

- 1 -

precedent by Ken Proudman of the Miller Boileau Family Law Group

editable version located at