Opinion
No. CV08-6002478S
October 7, 2008
MEMORANDUM OF DECISION RE DEFENDANTS' MOTION TO DISMISS (#104) AND PLAINTIFF'S OBJECTION (#105)
This motion to dismiss comes to the court on briefs, including the defendants' September 22, 2008 reply, without oral argument. The dispositive issue is whether the provisions of the Geneva Convention allow direct service of process by registered mail on these Canadian resident defendants without first passing through any Canadian governmental clearing authority.
Caselaw is split. There is no Connecticut appellate authority. In two Superior Court cases, both with facts, issues and arguments identical to these here, direct registered mail service in Canada has been upheld. Bednarsky v. Rose Wreath Tree, 30 Conn. L. Rptr. 261 (2001), and Rochester v. Goth, 33 Conn. L. Rptr. 259 (2002). This court finds these cases most persuasive. Further analysis by this court is not necessary as they fully articulate the basis for this court's ruling. Accordingly, for the reasons stated therein, this court concludes that service here was in accordance with all applicable law.
In short, Canada permits service by registered mail upon its residents and the Geneva Convention was not violated. The court need not address the scope of Article 10 of the Convention.
Motion denied. Objection sustained.