What You Need to Know: The Legal Requirements for Process Serving in Ontario
Process serving is more than simply delivering documents—it’s a legal function with stringent requirements that must be followed to ensure court cases proceed without issue. In Ontario, process servers must comply with the Rules of Civil Procedure to ensure that service is carried out properly and that the court is notified accordingly. Here’s what you need to know about the legal requirements for process serving in Ontario.
Who Can Serve Documents?
In Ontario, anyone over the age of 18 who is not a party to the case can serve legal documents. This means that while law firms often hire professional process servers, an individual can serve documents if they meet the requirements. However, professional process servers are highly recommended as they understand the nuances and legalities that come with serving documents.
Types of Service
There are several ways legal documents can be served in Ontario:
Personal Service: This is the preferred method of service. Documents must be delivered directly to the individual named in the case. If they refuse to accept the documents, the server can leave them in close proximity and still consider them served.
Substituted Service: If the individual cannot be located, a judge may permit substituted service. This could involve delivering the documents to another person at their residence or posting them in a location where the individual is likely to see them.
Alternative Service: This method applies when the individual is evading service or cannot be reached through standard means. A judge may allow documents to be served through email, text, or even publication in a newspaper.
Proper Documentation
One of the most critical elements of process serving is documenting the service. Once a document has been served, a Proof of Service (also known as an affidavit of service) must be filed with the court. This document confirms that the individual was properly notified of the legal action and records how and when the documents were delivered.
Failure to follow these rules can result in the case being delayed or dismissed, so it’s crucial that the process is carried out correctly.
Process serving in Ontario is governed by strict legal requirements to ensure that individuals involved in a case are properly notified. By hiring a professional process server from GSA Process Service, you are getting someone who understands the rules and how to avoid common mistakes to ensure that your case proceeds smoothly and without delays.
