D.D. v. G.A. (Ontario Co. Supreme Ct., 4/8/19)

Mr. Corletta helped a physically and mentally disabled client and his elderly mother fight off a partition action in D.D. v. G.A. (Ontario Co. Supreme Ct., 4/8/19).

In that case, the client's former significant other continued a campaign of harassment over a property they formerly lived in that was in foreclosure and had no equity. What made circumstances worse was that the former significant other's new spouse previously beat the client nearly to death in an altercation, causing severe and permanent injuries. The former significant other's spouse was convicted of a serious crime and was sentenced to a lengthy period of incarceration.

Nevertheless, the former significant other persisted in pursuing the client through the client's mother, who was now assisting him in his personal affairs. However, she failed to understand the relationship between the client and the client’s mother, who held a valid Power of Attorney, and improperly served the client’s mother and sister with a lawsuit.

The Power of Attorney did not designate either the mother or the sister as an agent for service of process.

Sensing an opening, Mr. Corletta filed an immediate Motion to Dismiss, citing well established caselaw holding this was improper service, and that the Court lacked personal jurisdiction.

The former significant other continued to harass the client through an attorney even after Mr. Corletta appeared on the client's behalf, even reserving the client, claiming this “fixed” the previous error.

Mr. Corletta again cited established caselaw in support of his position, showing that this service was also improper. The Court granted the Motion in its entirety, dismissing the Complaint, and achieving some peace for the client and the client's mother.