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Dunn Prosecution Delayed
September 13, 2007 permalink
John Dunn's prosecution of his children's aid society was delayed because of a technical problem with his form of service. In addition to his news blog entry below, we have a copy of his Notice of Intent (ms-word format).
Thursday, September 13, 2007
1st Appearance in Court - Adjourned
Today was the date for the Children's Aid Society of Ottawa (Ont. Corp. 37637) and Barbara MacKinnon (Exec. Dir) to show up and plead "guilty" or "not guilty" to committing the Offence of "failing to furnish a list of the Society's members", contrary to section 307 (5) of the Corporations Act, RSO 1990, c. C-38, but their lawyer, Robert C. Morrow, caught me on a technicality regarding how I served the summons to them.
This appears to be done merely to delay the proceeding, or to use it as a training opportunity for a new Student at Law in which the Society's solicitor was using today in court.
According to the Provincial Offences Act (POA), when serving summons on a corporation, you are to serve it to an executive, someone who appears to be in control of the corporation or a secretary.
[The original post quotes the controlling law.]
Source: blog by John Dunn