Rule 8 – Service

Service of Particular Documents Plaintiff’s or Defendant’s Claim

8.01 (1) A plaintiff’s claim or defendant’s claim (Form 7A or 10A) shall be served personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.  O. Reg. 258/98, r. 8.01 (1).

Time for Service of Claim

(2) A claim shall be served within six months after the date it is issued, but the court may extend the time for service, before or after the six months has elapsed.  O. Reg. 258/98, r. 8.01 (2).

(3) Revoked: O. Reg. 44/14, s. 4 (1).

(3.1) Revoked:  O. Reg. 78/06, s. 10.

Default Judgment

(4) A default judgment (Form 11B) shall be served by the clerk in accordance with the following:

1. The clerk shall serve the default judgment by mail or by fax on all parties named in the claim, subject to paragraph 2.

2. If a plaintiff’s claim was issued electronically under rule 7.04, the clerk may instead serve the default judgment on the plaintiff by email to the email address provided by the plaintiff for the purpose. O. Reg. 38/16, s. 3 (1); O. Reg. 38/16, s. 3 (1).

(4.1) Revoked:  O. Reg. 38/16, s. 3 (1).

(4.1.1) Revoked:  O. Reg. 78/06, s. 10.

Assessment Order

(5) An order made on a motion in writing for an assessment of damages under subrule 11.03 (2) shall be served by the clerk in accordance with the following:

1. The clerk shall serve the order on the plaintiff by mail if the plaintiff provides a stamped, self-addressed envelope with the notice of motion and support affidavit, subject to paragraph 2.

2. If the plaintiff’s claim was issued electronically under rule 7.04, the clerk may instead serve the order on the plaintiff by email to the email address provided by the plaintiff for the purpose. O. Reg. 38/16, s. 3 (2).

Settlement Conference Order

(6) An order made at a settlement conference shall be served by the clerk by mail or by fax, on all parties that did not attend the settlement conference.  O. Reg. 78/06, s. 10.

Summons to Witness

(7) A summons to witness (Form 18A) shall be served personally by the party who requires the presence of the witness, or by the party’s representative, at least 10 days before the trial date; at the time of service, attendance money calculated in accordance with the regulations made under the Administration of Justice Act shall be paid or tendered to the witness. O. Reg. 78/06, s. 10; O. Reg. 230/13, s. 7.

Notice of Garnishment

(8) A notice of garnishment (Form 20E) shall be served by the creditor,

(a) together with a sworn affidavit for enforcement request (Form 20P), on the debtor, by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03; and

(b) together with a garnishee’s statement (Form 20F), on the garnishee, by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.  O. Reg. 78/06, s. 10.

Notice of Garnishment Hearing

(9) A notice of garnishment hearing (Form 20Q) shall be served by the person requesting the hearing on the creditor, debtor, garnishee and co-owner of the debt, if any, and any other interested persons by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal services as provided in rule 8.03.  O. Reg. 78/06, s. 10.

Notice of Examination

(10) A notice of examination (Form 20H) shall be served by the creditor on the debtor or person to be examined personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.  O. Reg. 78/06, s. 10; O. Reg. 393/09, s. 4 (2).

Financial Statement

(11) If the person to be examined is the debtor and the debtor is an individual, the creditor shall serve the notice of examination on the debtor together with a blank financial information form (Form 20I).  O. Reg. 78/06, s. 10.

(12) The notice of examination,

(a) shall be served, together with the financial information form if applicable, at least 30 days before the date fixed for the examination; and

(b) shall be filed, with proof of service, at least three days before the date fixed for the examination.  O. Reg. 393/09, s. 4 (3).

Notice of Contempt Hearing

(13) A notice of a contempt hearing shall be served by the creditor on the debtor or person to be examined personally as provided in rule 8.02.  O. Reg. 78/06, s. 10.

Defence and Other Documents

(14) The following documents may be served by mail, by courier, by fax, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03, unless the court orders otherwise:

1. A defence.

2. Any other document not referred to in subrules (1) to (13). O. Reg. 44/14, s. 4 (3).

Personal Service

8.02 If a document is to be served personally, service shall be made,

Individual

(a) on an individual, other than a person under disability, by leaving a copy of the document with him or her;

Municipality

(b) on a municipal corporation, by leaving a copy of the document with the chair, mayor, warden or reeve of the municipality, with the clerk or deputy clerk of the municipality or with a lawyer for the municipality;

Corporation

(c) on any other corporation, by leaving a copy of the document with,

(i) an officer, a director or another person authorized to act on behalf of the corporation, or

(ii) a person at any place of business of the corporation who appears to be in control or management of the place of business;

Board or Commission

(d) on a board or commission, by leaving a copy of the document with a member or officer of the board or commission;

Person Outside Ontario Carrying on Business in Ontario

(e) on a person outside Ontario who carries on business in Ontario, by leaving a copy of the document with anyone carrying on business in Ontario for the person;

Crown in Right of Canada

(f) on Her Majesty the Queen in right of Canada, in accordance with subsection 23 (2) of the Crown Liability and Proceedings Act (Canada);

Crown in Right of Ontario

(g) on Her Majesty the Queen in right of Ontario, in accordance with section 10 of the Proceedings Against the Crown Act;

Absentee

(h) on an absentee, by leaving a copy of the document with the absentee’s committee, if one has been appointed or, if not, with the Public Guardian and Trustee;

Minor

(i) on a minor, by leaving a copy of the document with the minor and, if the minor resides with a parent or other person having his or her care or lawful custody, by leaving another copy of the document with the parent or other person;

Mentally Incapable Person

(j) on a mentally incapable person,

(i) if there is a guardian or an attorney acting under a validated power of attorney for personal care with authority to act in the proceeding, by leaving a copy of the document with the guardian or attorney,

(ii) if there is no guardian or attorney acting under a validated power of attorney for personal care with authority to act in the proceeding but there is an attorney under a power of attorney with authority to act in the proceeding, by leaving a copy of the document with the attorney and leaving an additional copy with the person,

(iii) if there is neither a guardian nor an attorney with authority to act in the proceeding, by leaving a copy of the document bearing the person’s name and address with the Public Guardian and Trustee and leaving an additional copy with the person;

Partnership

(k) on a partnership, by leaving a copy of the document with,

(i) any one or more of the partners, or

(ii) a person at the principal place of business of the partnership who appears to be in control or management of the place of business; and

Sole Proprietorship

(l) on a sole proprietorship, by leaving a copy of the document with,

(i) the sole proprietor, or

(ii) a person at the principal place of business of the sole proprietorship who appears to be in control or management of the place of business. O. Reg. 258/98, r. 8.02; O. Reg. 56/12, s. 1; O. Reg. 230/13, s. 8.

Alternatives to Personal Service

8.03 (1) If a document is to be served by an alternative to personal service, service shall be made in accordance with subrule (2), (3) or (5); in the case of a plaintiff’s claim or defendant’s claim served on an individual, service may also be made in accordance with subrule (7).  O. Reg. 258/98, r. 8.03 (1); O. Reg. 393/09, s. 5 (1).

At Place of Residence

(2) If an attempt is made to effect personal service at an individual’s place of residence and for any reason personal service cannot be effected, the document may be served by,

(a) leaving a copy in a sealed envelope addressed to the individual at the place of residence with anyone who appears to be an adult member of the same household; and

(b) on the same day or the following day, mailing or sending by courier another copy of the document to the individual at the place of residence.  O. Reg. 258/98, r. 8.03 (2); O. Reg. 78/06, s. 11 (1); O. Reg. 393/09, s. 5 (2, 3).

Corporation

(3) If the head office or principal place of business of a corporation or, in the case of an extra-provincial corporation, the attorney for service in Ontario cannot be found at the last address recorded with the Ministry of Government Services, service may be made on the corporation,

(a) by mailing or sending by courier a copy of the document to the corporation or to the attorney for service in Ontario, as the case may be, at that address; and

(b) by mailing or sending by courier a copy of the document to each director of the corporation as recorded with the Ministry of Government Services, at the director’s address as recorded with that Ministry.  O. Reg. 78/06, s. 11 (2).

When Effective

(4) Service made under subrule (2) or (3) is effective on the fifth day after the document is mailed or verified by courier that it was delivered.  O. Reg. 258/98, r. 8.03 (4); O. Reg. 78/06, s. 11 (3).

Acceptance of Service by Lawyer or Paralegal

(5) Service on a party who is represented by a lawyer or paralegal may be made by leaving a copy of the document with the lawyer or paralegal, or with an employee in the lawyer’s or paralegal’s office, but service under this subrule is effective only if the lawyer, paralegal or employee endorses on the document or a copy of it an acceptance of service and the date of the acceptance. O. Reg. 230/13, s. 9.

(6) By accepting service, the lawyer or paralegal is deemed to represent to the court that he or she has the client’s authority to accept service. O. Reg. 230/13, s. 9.

Service of Claim

(7) Service of a plaintiff’s claim or defendant’s claim on an individual against whom the claim is made may be made by sending a copy of the claim by registered mail or by courier to the individual’s place of residence, if the signature of the individual or any person who appears to be a member of the same household, verifying receipt of the copy, is obtained.  O. Reg. 393/09, s. 5 (4); O. Reg. 440/10, s. 1 (1).

(8) Service under subrule (7) is effective on the date on which receipt of the copy of the claim is verified by signature, as shown in a delivery confirmation provided by or obtained from Canada Post or the commercial courier, as the case may be.  O. Reg. 393/09, s. 5 (4); O. Reg. 440/10, s. 1 (2).

(9) Revoked:  O. Reg. 393/09, s. 5 (4).

Substituted Service

8.04 If it is shown that it is impractical to effect prompt service of a claim personally or by an alternative to personal service, the court may allow substituted service.  O. Reg. 258/98, r. 8.04.

Service Outside Ontario

8.05 If the defendant is outside Ontario, the court may award as costs of the action the costs reasonably incurred in effecting service of the claim on the defendant there.  O. Reg. 258/98, r. 8.05; O. Reg. 78/06, s. 12.

Proof of Service

8.06 An affidavit of service (Form 8A) made by the person effecting the service constitutes proof of service of a document.  O. Reg. 78/06, s. 13.

Service by Mail

8.07 (1) If a document is to be served by mail under these rules, it shall be sent, by regular lettermail or registered mail, to the last address of the person or of the person’s representative that is,

(a) on file with the court, if the document is to be served by the clerk;

(b) known to the sender, if the document is to be served by any other person. O. Reg. 258/98, r. 8.07 (1); O. Reg. 78/06, s. 14; O. Reg. 230/13, s. 10.

When Effective

(2) Service of a document by mail is deemed to be effective on the fifth day following the date of mailing.  O. Reg. 258/98, r. 8.07 (2).

Exception

(3) This rule does not apply when a claim is served by registered mail under subrule 8.03 (7).  O. Reg. 393/09, s. 6.

Service by Courier

8.07.1 (1) If a document is to be served by courier under these rules, it shall be sent by means of a commercial courier to the last address of the person or of the person’s representative that is on file with the court or known to the sender. O. Reg. 78/06, s. 15; O. Reg. 230/13, s. 11.

When Effective

(2) Service of a document sent by courier is deemed to be effective on the fifth day following the date on which the courier verifies to the sender that the document was delivered.  O. Reg. 78/06, s. 15.

Exception

(3) This rule does not apply when a claim is served by courier under subrule 8.03 (7).  O. Reg. 78/06, s. 15; O. Reg. 393/09, s. 7.

Service by Fax

8.08 (1) Service of a document by fax is deemed to be effective,

(a) on the day of transmission, if transmission takes place before 5 p.m. on a day that is not a holiday;

(b) on the next day that is not a holiday, in any other case.  O. Reg. 258/98, r. 8.08 (1).

(2) A document containing 16 or more pages, including the cover page, may be served by fax only between 5 p.m. and 8 a.m. the following day, unless the party to be served consents in advance.  O. Reg. 258/98, r. 8.08 (2); O. Reg. 393/09, s. 8.

Notice of Change of Address

8.09 (1) A party whose address for service changes shall serve notice of the change on the court and other parties within seven days after the change takes place.  O. Reg. 78/06, s. 16.

(2) Service of the notice may be proved by affidavit if the court orders that proof of service is required.  O. Reg. 78/06, s. 16.

Failure to Receive Document

8.10 A person who has been served or who is deemed to have been served with a document in accordance with these rules is nevertheless entitled to show, on a motion to set aside the consequences of default, on a motion for an extension of time or in support of a request for an adjournment, that the document,

(a) did not come to the person’s notice; or

(b) came to the person’s notice only at some time later than when it was served or is deemed to have been served.  O. Reg. 461/01, s. 9 (1).