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).
Defence
(3) A defence shall be served by the clerk, by mail or by fax. O. Reg. 258/98, r. 8.01 (3).
(3.1) Revoked: O. Reg. 78/06, s. 10.
Default Judgment
(4) A default judgment (Form 11B) shall be served by the clerk, by mail or by fax, on all parties named in the claim. O. Reg. 78/06, s. 10.
(4.1), (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 to the moving party if the party provides a stamped, self-addressed envelope with the notice of motion. O. Reg. 78/06, s. 10.
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 lawyer or agent, 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.
Notice of Garnishment
(8) A notice of garnishment (Form 20E) shall be served by the creditor,
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 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.
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 and, if applicable, the financial information form shall be served at least 30 days before the date fixed for the examination. O. Reg. 78/06, s. 10.
(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.
(14) A document not referred to in subrules (1) to (13) 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. O. Reg. 78/06, s. 10.
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 an officer, director or agent of the corporation, or with 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 any one or more of the partners or with 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 the sole proprietor or with 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.
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, service may also be made in accordance with subrule (7). O. Reg. 258/98, r. 8.03 (1).
At Place of Residence
(2) If an attempt is made to effect personal service at a person’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 person 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 person at the place of residence. O. Reg. 258/98, r. 8.03 (2); O. Reg. 78/06, s. 11 (1).
(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
(5) Service on a party who is represented by a lawyer may be made by leaving a copy of the document with the lawyer or an employee in the lawyer’s office, but service under this subrule is effective only if the lawyer or employee endorses on the document or a copy of it an acceptance of service and the date of the acceptance. O. Reg. 258/98, r. 8.03 (5).
(6) By accepting service the lawyer is deemed to represent to the court that he or she has the client’s authority to accept service. O. Reg. 258/98, r. 8.03 (6).
Service of Claim by Mail to Last Known Address
(7) Service of a plaintiff’s claim or defendant’s claim may be made by sending a copy of it by mail or by courier, in an envelope showing the sender’s return address, to the last known address of the person to be served. O. Reg. 258/98, r. 8.03 (7); O. Reg. 78/06, s. 11 (4).
(8) Service under subrule (7) is deemed to have been effected on the 20th day after the date the document is mailed or verified by courier that it was delivered if an affidavit of service (Form 8A),
(a) indicates that the deponent believes the address to which the claim is sent to be the last known address of the person to be served, and states the reasons for the belief;
(b) indicates that the claim has not been returned to the deponent; and
(c) indicates that the deponent has no reason to believe that the person to be served did not receive the claim. O. Reg. 258/98, r. 8.03 (8); O. Reg. 78/06, s. 11 (5).
(9) The affidavit of service shall not be completed before the day referred to in subrule (8). O. Reg. 258/98, r. 8.03 (9).
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.
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 lawyer or agent 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.
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) Subrule(2) does not apply when a claim is served by mail under subrule 8.03 (7). O. Reg. 258/98, r. 8.07 (3).
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 lawyer or agent that is on file with the court or known to the sender. O. Reg. 78/06, s. 15.
(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.
(3) Subrule (2) does not apply when a claim is served by courier under subrule 8.03 (7). O. Reg. 78/06, s. 15.
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 and the backsheet, 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).
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).