Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p19
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 19/43)
Character Range: 157692–160275

served on the litigation representative.
 (2) If the person is under a legal incapacity only because of minority and does not have a litigation representative, the document must be served:
 (a) if the minor is at least 16 and is not a mentally disabled person:
 (i) on the minor; and
 (ii) on the minor's parent or guardian; or
 (b) if the minor has no parent or guardian:
 (i) on a person with whom the minor lives; or
 (ii) on a person who is responsible for the care of the minor.
 (3) If the person under a legal incapacity is a mentally disabled person and does not have a litigation representative, the document must be served:
 (a) on the mentally disabled person's guardian; or
 (b) if the mentally disabled person has no guardian:
 (i) on a person with whom the mentally disabled person lives; or
 (ii) on a person who is responsible for the care of the mentally disabled person.
 (4) If the person under a legal incapacity cannot be served in any of the ways mentioned in subrule (2) or (3), a party may apply to the Court for an order that the document be served in some other way or on some other person.
 (5) The application may be made before or after the document has been given to some other person.

10.10  Personal service on a person under a legal incapacity
 (1) Despite rule 10.09, the following documents must be served personally on a person under a legal incapacity:
 (a) if the person is a respondent to the originating application, and an order has been made requiring the person to do or not do an act or thing—the application or order;
 (b) a subpoena requiring the person to attend before the Court.
 (2) However, subrule (1) does not apply to an order:
 (a) to answer interrogatories; or
 (b) for discovery; or
 (c) to produce documents for inspection.
Note: Mentally disabled person, minor and person under a legal incapacity are defined in the Dictionary.

10.11  Deemed service of originating application
  Unless an application has been made under rule 13.01, if a respondent files a notice of address for service, defence or affidavit, or appears before the Court in response to an originating application, the originating application is taken to have been served personally on the respondent:
 (a) on the date on which the first of those events occurred; or
 (b) if personal service on the respondent is proved on an earlier date—on the earlier date.

10.12  Refusal to accept document served personally
 (1) If a person refuses to accept a document that is required to be served personally on the person, the document is taken to have been served