If there is more than one party being served, each party must be served with his or her own copy of the document being served. For example, if you are serving two parties at the same address by mail or by courier, you must send a copy of the document to each party in separate addressed, sealed envelopes.
Complete an Affidavit of Service [Form 8A] for each party. If personal service is not required under the Rules , often service of documents will be fairly simple - either sending it by mail or by courier, dropping it off at an office, or having someone serve it for you. Sometimes distance makes it inconvenient or impossible for you to serve your own documents. Sometimes it may be an awkward or potentially confrontational situation.
If sending the document by mail or by courier is not allowed under the Rules , there are professional process servers who will serve the document for you, for a fee. You can get the name of a process server from the yellow pages of the telephone directory.
You could also ask a friend to do it for you. If the party you are serving is in another town, you might be able to mail it to a friend there and have him or her serve it for you.
Remember, you will have to file with the court an Affidavit of Service [Form 8A] that is signed and sworn or affirmed by the person who has served the document. If you are successful in your claim, you may be entitled to recover some costs.
If you served the document by mail or courier and you wish to recover the costs, you must provide the court office with a receipt showing what you paid. If you hired someone to serve the document for you, you must provide the court office with a detailed invoice or statement setting out the amount paid to have the document served. It is up to you to be sure that the court and the other parties in the case always have your proper address so that they can serve documents on you.
If your address changes, you must serve written notice of the change on the court and other parties within seven days after the change takes place. Make detailed notes of when and how you served your new address on each party and the court. The court may require an affidavit of service at some future time, so you will need to keep a record of these details. If you do not advise the court and the other parties of your change of address, they are entitled to serve you with documents at your old address.
That will mean you are not fully informed about what is happening in your case. Orders may be made without your knowledge and in your absence. Note: If you are represented in your case for example, by a lawyer or paralegal , they must advise the court of your address, telephone number and email address if they stop representing you before the case is over.
If a party did not receive a document that was supposed to have been served on him or her under the Rules , or received it after the timeframe allowed under the Rules , the party can bring a motion to the court for the order he or she needs in the circumstances. For example, where a defendant does not receive the claim but receives a default judgment from the court, he or she may wish to bring a motion to set aside the default judgment and extend the time to file a defence.
In another example, if a party received a notice of motion less than 7 days. If a party in an action is a party under legal disability, then he or she must have a litigation guardian.
Documents can be served on the party by serving the person named as the litigation guardian. In this case you would serve the minor as you would an adult. Documents for civil non-criminal cases to be served on the Crown and related entities must now be served by email.
Effective immediately, the following documents for any civil non-criminal proceeding, administrative proceeding or intended proceeding must be served by email until further notice to:. If it can, then the document is considered to be served on the 5 th day following the date of mailing.
However, if you served the claim on the defendant by an alternative to personal service by registered mail or courier, you need the signature of the individual, or any person who appears to be a member of the same household, verifying receipt before service is effective. See Part Two of this guide for more information on service of a claim. You cannot file your affidavit of service until after the date the document is deemed to be served.
Note: Regular mail includes postal services provided by Canada Post, including Priority Courier and Xpresspost, unless otherwise ordered by a judge. If it can, then the document is considered to be served on the 5 th day following the date on which the courier verifies to the sender that the document was delivered.
However, if you served the claim by an alternative to personal service by having it couriered to the defendant, it is considered to be served on the day the signature verifying receipt of the claim was received. See Part Two of this guide for more information on service of a claim by courier. It is considered to be regular mail service. If it can, then the document is considered to be served on the day the email is sent, if it is sent between 4 p. If it is not sent between 4 p.
Unless specified otherwise in the rules, you can email a document to a party or their representative to the last email address they gave you or if this email address was not provided, then their last known email address. The person who served the document must fill out an Affidavit of Service [Form 8A] setting out who was served, and when and how service was made.
Generally, you are not required to file the affidavit of service with the court until you are ready to proceed with your next step, or a judge orders that it must be filed. For example, if you want to ask the clerk to note the defendant in default, you would file your affidavit of service of the claim at the time you make the request.
If a copy of a document has been served on more than one person, then you would need to complete an affidavit of service for each person served. Note: It is a criminal offence to swear or affirm an affidavit you know is false. If the defendant fails to serve and file a defence within 20 days of being served with the claim, you can ask the clerk to note the defendant in default. When calculating the day time period, count the number of days following the date that service was effective by excluding the first day and including the last day.
If the last day falls on a holiday, the period ends on the next day that is not a holiday. See rule 8. Service is effective the 5th day after the claim was mailed or verified by courier that it was delivered.
Service on a corporation by mailing or couriering a copy of the claim to the corporation or attorney for service and to each director.
Service is effective on the date of acceptance indicated on the back page of the document. Service effective on the date on which an individual verifies receipt of the copy of the claim by signature, as shown in a delivery confirmation. June 4 because that day a person verified receipt of the copy of the claim by signature as shown in a delivery confirmation. Remember, documents cannot be faxed to the court or to parties and their representative.
Documents should be filed with the court office together with the appropriate filing fee. The chart below is a summary based on the Rules as they exist at the date of this guide. It is provided for your convenience only. You should always refer to the actual Rules. Summons to Witness Form 18A. Notice of Garnishment Form 20E r. Notice of Termination of Garnishment Form 20R. Notice of Garnishment Hearing Form 20Q.
At least 40 days after service of the garnishment, if the garnishee is the Crown in Right of Ontario. Notice of Examination Form 20H. At least 30 days before the date fixed for the examination and filed, with proof of service, at least 3 days before the date fixed for the examination.
Notice to Co-owner of Debt Form 20G. Prior to Judgment: On every party who has filed a claim and any defendant who has not been noted in default, Or After Judgment: On all parties, including those noted in default, by:. Defence Form 9A and Other Documents. Request to Clerk Form 9B for a terms of payment hearing. Notice of Discontinued Claim Form When calculating timelines in the Rules , count the days by excluding the first day and including the last day of the period; if the last day of the period of time falls on a holiday, the period ends on the next day that is not a holiday.
The court can order, or the parties can consent to, the shortening or lengthening of the time prescribed by the Rules.
Holidays include:. You should come to the commissioner with identification and the unsigned document. The commissioner will ask you to swear or affirm that the information in the affidavit is true and will ask you to sign the affidavit. The affidavit must be signed in front of the commissioner whether in person or by videoconference , since they will certify that it was sworn or affirmed in their presence.
NOTE: It is a criminal offence to swear or affirm an affidavit you know is false. Ministry of the Attorney General. About this guide: The information contained in this guide is simply an overview of the relevant legislation and rules of procedure. Where to get more information: The Ministry of the Attorney General has a series of guides to Small Claims Court procedures which are available at court offices and the Ministry of the Attorney General website at www.
Table of Contents Introduction Part One: Serving a claim Part Two: Service of defence Part Three: Personal service and alternatives to personal service Part Four: Service of particular documents Part Five: General service information Part Six: Service chart for parties Introduction A lot of paperwork is involved in most court cases, and it is important that copies of documents get to everyone who needs them.
You can: serve the documents yourself; have a friend, a business associate, or a private process server serve the documents for you; or have your representative arrange for service of your documents. How does a plaintiff serve a claim?
How long does the plaintiff have to serve the claim? How can the plaintiff extend the time for service of the claim? Excerpt from the Rules Time for Service of Claim 8.
What if I want to serve a claim on a party who is out of province? What if I am unable to serve my claim? The Rules of Civil Procedure require the use of a set of prescribed forms for civil proceedings. Criminal Proceeding Rules. Family Law Rules. Family proceedings in the Superior Court are governed by the Family Law Rules unless otherwise stated.
Family Law Rules Forms. The Family Law Rules require the use of a set of prescribed forms for family proceedings. Motion to Change Endorsement Form. How do I prepare for a family law trial? Next Steps 1. Prepare your trial record 2. Get your evidence together 3. Contact the court 4. Learn about trials 5. Learn how to behave in court. Reviewed: September 1,
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