CORPORATIONS - Capacity

Law360 Canada ( May 17, 2018, 8:37 AM EDT) -- Appeal by English and Raydan Transport from a decision dismissing their application to revive Raydan more than five years after Raydan was struck from the corporate registry. The appellant were sued in an action commenced in 2011. In the statement of claim, the plaintiff also alleged that Raydan had been struck from the registry in 2009. In their statement of defence filed in 2011, the appellants admitted that fact. The appellants then applied to the chambers judge in 2017 for an order temporarily reviving Raydan for five years for the purposes of the ongoing litigation. The appellants argued that English, Raydan’s sole director, was never personally served by the corporate registry with the notice of intention to strike Raydan and further, once struck, the corporate registry failed to notify English that Raydan had been struck. Relying on the publication in The Alberta Gazette and on the admission in the statement of defence, the chambers judge was satisfied English knew that Raydan had been struck and dismissed the application to revive Raydan....
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