Law360 Canada ( May 25, 2026, 9:37 AM EDT) -- Appeal by the appellant from an ex parte order granting substituted service of originating and amended pleadings on a defendant residing in a foreign state. The respondents commenced an action seeking relief arising from an alleged failure to return funds advanced under an oral agreement. They attempted to serve the appellant in Mexico pursuant to the Hague Convention but were unsuccessful. They brought an ex parte motion seeking, among other relief, validation of service, substituted service, and an extension of time. The motions judge granted the relief, finding that the respondents had exhausted all available means under the Convention, that the foreign central authority was unresponsive, and that continued efforts would be futile. He concluded that an access-to-justice exception justified substituted service. On appeal, the appellant challenged the order and sought to adduce fresh evidence consisting of correspondence from the foreign central authority indicating deficiencies in the respondents’ service requests and confirming that efforts to effect service were ongoing. The appellant argued that the motion for substituted service was premature and that the motions judge erred in bypassing the Convention framework....