Patrick Ross: Having a hearing scheduled for 10 a.m., Friday, Nov 4 at Grande Prairie courthouse but, knowing I will have a process server waiting for him there, calls courthouse at 9:55 a.m., insisting he is too ill to attend, and does not show.
Also Patrick Ross, on social media later that very day:
Noted and filed.
DID NOT THINK THAT ONE THROUGH: In response to the first couple of comments, let me elaborate on how Patrick has thoroughly and utterly screwed himself in the long run by trying to be his unjustifiably clever self.
Patrick's first mistake was, upon being contacted by my process server to facilitate personal service, insisting that he is just such a busy dude with an unpredictable work schedule that it would be nigh impossible to synchronize a face-to-face. That was Patrick's first fuckup.
Patrick then compounded that fuckup by immediately (and unwisely) offering to accept service by email, confirming his actual email address. But the stupid did not end there. What finished him off was, when my process server emailed the relevant docs to Patrick, he replied almost immediately that he had received them.
Those with experience in the area of proper and adequate legal service will appreciate just how completely Patrick has boned himself.
Normally, proper legal service requires personal transfer of the relevant documents; that is, handing them over to the actual person being served, then attesting to the fact that they were handed over. On the other hand, if one is having difficulty tracking someone down because, say, they were actively evading service, one can apply to the Court for substitutional service, which allows you to serve someone in any way you can convince the Court should reliably assure that your target gets the documents. This does require you to persuade the Court that you've given it a good effort to serve someone personally, and you just haven't managed it. And now you can see how Patrick has fucked himself.
First, he insisted that he is a hard man to track down -- a truly stupid concession as it mostly makes my argument for me. But it gets worse, as Patrick proceeded to offer a way to serve him: by email. Again, that's Patrick effectively giving me all the argument I need to be granted substitutional service. Oh, and the quick response of acknowledgement of receipt is simply proof that Patrick does indeed receive stuff sent to him at that email address.
I barely need to make the argument for substitutional service for Patrick, as he has done all that for me. This would be Patrick scrambling to solve an immediate problem (trying to avoid being served this one time), while giving no thought to the very long-term and ugly consequences. (Oh, and the fact that Patrick called the courthouse five minutes before his hearing to cancel due to illness -- thereby assuredly annoying the court -- while bragging openly online about his getting all buff and shit at the gym later that same day is not going to play well with the judge, either.)
So, yeah, once again, Patrick went for the quick win while being totally unaware of how he just handed me the right to serve him via simple email in all actions going forward. And, by the way, that sub service works only one way here -- Patrick does not get similar freedom to serve me by email. No, he still needs to hire and pay a process server who has to serve me in person. Why? Because I did not behave like a weaselly asshat and I did not lie to the Court.
See how that works?