Another trade show is in the books, the 38th annual Litigation Conference hosted by The County of Carleton Law Association was a great time for all, the weather threw us all a curve ball but once inside it was warm and dry. Always a pleasure to support and exhibit!
One thing that we have in our Country are some beautifully built court houses, and one of my favourites is the Courthouse in Welland, Ontario. The other night found me back in Welland and I thought I would share a picture of her all lit up. This majestic masterpiece was built in 1855-1856, right about the time my ancestors came and settled in the area! Built from limestone quarried from Queenston ( just down past Niagara Falls) she is a testament for the times when we built things that looked magnificient and actually attracted people to take pictures and wonder. Its been over a decade since I have wandered her halls, but I always loved heading to this courthouse to attend to filings and such, with todays new buildings and all the fancy things you can find inside this old and graceful gem served up its own version of things to the visitor. Anyone that has been around for a long time will know what I mean, the one thing that always made me smile was the old bathroom off the main hallway, nothing more than a closet really with an old fashioned hook to keep the door closed. I wonder if it is still in use today. The old registry office I remember visiting about 20 years ago and talking with staff about its history and one lady told me that when some recent renovations were done a contractor uncovered what is thought to be the old gallows. Considering that the last hanging performed in Canada was here, it makes you wonder….If only the walls could talk….
If you ever visit Welland make it a point to visit the courthouse, and yes it is okay to want to touch her stonework, the masons that built her would be proud that you did.
A client asked an interesting question last week being, “Can documents be served upon an individual inside the court house?..”
It is a very rare occasion to say the least, I can personally only think of two times I have performed this myself, the first back in 1985 and the second a few years later.
The first time the person to be served was recognized and was asked to step outside into the hallway and service was performed there.
The second time the person was in custody and was appearing for his hearing, in this case the Crown attorney was approached and informed on who needed to be served. The Crown then arranged for service to be performed in the holding cells in the court house.
In both cases service was performed inside the court house, but not “inside” the court room itself.
The court room has always been recognized as a place were the judge only can perform legal matters.
Think about your favourite television police show were the police whom are wanting to arrest an individual that is standing trial, wait till he/she exits the court room and is then (re) arrested. I am sure you get the picture.
For the service we handled this week a person that knew the one to be served pointed them out to us and service was performed outside the court house.
The law firm handing this file said there may be case law on this and are currently trying to find it.
All of us here up in Canada want to wish all our family, friends and clients a very happy and safe Thanksgiving to all our friends south of the border.
We have just posted our vacation notice for our process server in Cobourg. This notice covers a week that he will be away during the Christmas holidays in 2018, and also a 4 week holiday in January of next year. Please make sure that any rush files are not sent during these times that he will be away. Any non emergency services or court needs can be sent and they will be completed upon his return, further details are on our page for that office.