You are a law clerk working for the firm Daring Defence LLP. Your client, Stu Grimsby, has been sued by VISA for an unpaid credit card bill. Stu was served with a Statement of Claim on November 11, 2020.

Stu wants to defend the action on the basis that his card was stolen and the charges on his statement were incurred by someone else so he should not have to pay them.

Since the deadline for defending the action is quickly approaching, you delivered a Notice of Intent to Defend in order to buy more time. Even with the additional time, your instructing lawyer, Ms. Smith, would not be able to compose a Statement of Defence by the deadline under the Rules. She needs more time to meet with Stu, review his documents and discuss his defence to the claim.

Ms. Smith has written to VISA's lawyer asking for an extension of time to deliver a defence. However, VISA's lawyer has indicated that his client's instructions are to note Stu in default as soon as possible if no defence is delivered on his behalf.

We therefore need to bring a motion seeking an Order extending time for delivering the Statement of Defence by an additional 30 days beyond the deadline according to the Rules. VISA's lawyer has indicated that VISA would not consent to the motion, but it would not actively oppose it.

Accordingly, you have been asked to prepare motion materials so that the motion can proceed in express motions court on January 8, 2021.

With respect to the same fact scenario, describe how you would approachserviceof the motion materials. In your response, address the following:

(1) What is the deadline for serving and filing your materials? (provide the specificdateand explain your reasoning)

(2) Who specifically would you serve with the materials? (particular party, lawyer, etc.)

(3) What method would you use to serve the materials and why?

(4) Cite the specific rule(s) that apply to your chosen manner of service.