Service of Legal Documents (ROCP)

From Caselaw.Ninja


R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE

Originating Process

16.01 (1) An originating process shall be served personally as provided in rule 16.02 or by an alternative to personal service as provided in rule 16.03. R.R.O. 1990, Reg. 194, r. 16.01 (1); O. Reg. 131/04, s. 8.

(2) A party who has not been served with the originating process but delivers a defence, notice of intent to defend or notice of appearance shall be deemed to have been served with the originating process as of the date of delivery. O. Reg. 113/01, s. 2.

All Other Documents

(3) No other document need be served personally, or by an alternative to personal service, unless these rules or an order require personal service or an alternative to personal service. R.R.O. 1990, Reg. 194, r. 16.01 (3).
(4) Any document that is not required to be served personally or by an alternative to personal service,
(a) shall be served on a party who has a lawyer of record by serving the lawyer, and service may be made in a manner provided in rule 16.05;
(b) may be served on a party acting in person or on a person who is not a party,
(i) by mailing a copy of the document to the last address for service provided by the party or other person or, if no such address has been provided, to the party’s or person’s last known address,
(ii) by personal service or by an alternative to personal service,
(iii) by use of an electronic document exchange of which the party or person is a member or subscriber, but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day, or
(iv) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the party or person in accordance with subrule 16.06.1 (1), but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day. R.R.O. 1990, Reg. 194, r. 16.01 (4); O. Reg. 260/05, s. 3; O. Reg. 575/07, s. 15; O. Reg. 170/14, s. 3.

PERSONAL SERVICE

16.02 (1) Where a document is to be served personally, the service shall be made,

(a) on an individual, other than a person under disability, by leaving a copy of the document with the individual;
(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;
(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;
(d) on a board or commission, by leaving a copy of the document with a member or officer of the board or commission;
(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;
(f) on Her Majesty the Queen in right of Canada, in accordance with subsection 23 (2) of the Crown Liability and Proceedings Act (Canada);
(g) on Her Majesty the Queen in right of Ontario, in accordance with section 15 of the Crown Liability and Proceedings Act, 2019;
(h) on the Attorney General of Ontario, by leaving a copy of the document with a lawyer in the Crown Law Office (Civil Law) of the Ministry of the Attorney General;
(i) on an absentee, by leaving a copy of the document with the absentee’s litigation guardian, if there is one or, if not, with the Public Guardian and Trustee;
(j) on a minor, by leaving a copy of the document with the litigation guardian if one has been appointed or, if not, with the minor and, where the minor resides with a parent or other person having the care or lawful custody of the minor, by leaving another copy of the document with the parent or other person, but, where the proceeding is in respect of the minor’s interest in an estate or trust, the minor shall be served by leaving with the Children’s Lawyer a copy of the document bearing the name and address of the minor;
(k) 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;
(l) Revoked: O. Reg. 69/95, s. 6 (2).
(m) 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
(n) 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. R.R.O. 1990, Reg. 194, r. 16.02 (1); O. Reg. 465/93, s. 3; O. Reg. 69/95, ss. 6, 19, 20; O. Reg. 536/96, s. 2; O. Reg. 575/07, ss. 1, 16; O. Reg. 316/20, s. 1.
(2) A person effecting personal service of a document need not produce the original document or have it in his or her possession. R.R.O. 1990, Reg. 194, r. 16.02 (2).

ALTERNATIVES TO PERSONAL SERVICE

16.03 (1) Where these rules or an order of the court permit service by an alternative to personal service, service shall be made in accordance with this rule. R.R.O. 1990, Reg. 194, r. 16.03 (1).

(2) Service on a party who has 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 endorses on the document or a copy of it an acceptance of service and the date of the acceptance. O. Reg. 575/07, s. 17.
(3) By accepting service the lawyer shall be deemed to represent to the court that the lawyer has the authority of his or her client to accept service. R.R.O. 1990, Reg. 194, r. 16.03 (3); O. Reg. 575/07, s. 1.
(4) Service of a document may be made by sending a copy of the document together with an acknowledgment of receipt card (Form 16A) by mail to the last known address of the person to be served, but service by mail under this subrule is only effective as of the date the sender receives the card. O. Reg. 24/00, s. 3.
(5) Where 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 another copy of the document to the person at the place of residence, and service in this manner is effective on the fifth day after the document is mailed. R.R.O. 1990, Reg. 194, r. 16.03 (5).
(6) Where the head office, registered 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 and Consumer Services, service may be made on the corporation by mailing a copy of the document to the corporation or to the attorney for service in Ontario, as the case may be, at that address. R.R.O. 1990, Reg. 194, r. 16.03 (6); O. Reg. 170/14, s. 4.

SUBSTITUTED SERVICE OR DISPENSING WITH SERVICE

16.04 (1) Where it appears to the court that it is impractical for any reason to effect prompt service of an originating process or any other document required to be served personally or by an alternative to personal service under these rules, the court may make an order for substituted service or, where necessary in the interest of justice, may dispense with service. R.R.O. 1990, Reg. 194, r. 16.04 (1).

(2) In an order for substituted service, the court shall specify when service in accordance with the order is effective. R.R.O. 1990, Reg. 194, r. 16.04 (2).
(3) Where an order is made dispensing with service of a document, the document shall be deemed to have been served on the date of the order for the purpose of the computation of time under these rules. R.R.O. 1990, Reg. 194, r. 16.04 (3).

SERVICE ON LAWYER OF RECORD

16.05 (1) Service of a document on the lawyer of record of a party may be made,

(a) by mailing a copy to the lawyer’s office;
(b) by leaving a copy with a lawyer or employee in the lawyer’s office;
(c) by depositing a copy at a document exchange of which the lawyer is a member or subscriber, but service under this clause is effective only if the document or a copy of it and the copy deposited are date stamped by the document exchange in the presence of the person depositing the copy;
(c.1) by use of an electronic document exchange of which the lawyer is a member or subscriber, but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day;
(d) by faxing a copy to the lawyer’s office in accordance with subrules (3) and (3.2) but, where service is made under this clause between 4 p.m. and midnight, it shall be deemed to have been made on the following day;
(e) by sending a copy to the lawyer’s office by courier; or
(f) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the lawyer’s office in accordance with subrule 16.06.1 (1), but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day. O. Reg. 575/07, s. 18; O. Reg. 170/14, s. 5 (1-3).
(2) Service of a document by depositing a copy at a document exchange under clause (1) (c) is effective on the day following the day on which it was deposited and date stamped, unless that following day is a holiday, in which case service is effective on the next day that is not a holiday. R.R.O. 1990, Reg. 194, r. 16.05 (2).
(2.1) Service of a document by sending a copy by courier under clause (1) (e) is effective on the second day following the day the courier was given the document, unless that second day is a holiday, in which case service is effective on the next day that is not a holiday. O. Reg. 351/94, s. 1 (2).
(3) A document that is served by fax shall include a cover page indicating,
(a) the sender’s name, address and telephone number;
(b) the name of the lawyer to be served;
(c) the date and time of transmission;
(d) the total number of pages transmitted, including the cover page;
(e) the fax number of the sender; and
(f) the name and telephone number of a person to contact in the event of transmission problems. O. Reg. 536/96, s. 3 (2); O. Reg. 575/07, s. 1.
(3.1) Revoked: O. Reg. 170/14, s. 5 (4).
(3.2) A motion record, application record, trial record, appeal book and compendium or book of authorities may not be served by fax at any time unless the party to be served gives prior consent. O. Reg. 536/96, s. 3 (2); O. Reg. 19/03, s. 4.
(4) Revoked: O. Reg. 170/14, s. 5 (5).

SERVICE BY MAIL

16.06 (1) Where a document is to be served by mail under these rules, a copy of the document shall be served by regular lettermail or by registered mail. O. Reg. 535/92, s. 6 (1).

(2) Service of a document by mail, except under subrule 16.03 (4), is effective on the fifth day after the document is mailed but the document may be filed with proof of service before service becomes effective. R.R.O. 1990, Reg. 194, r. 16.06 (2); O. Reg. 535/92, s. 6 (2).

16.06.1 (1) The e-mail message to which a document served under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f) is attached shall include,

(a) the sender’s name, address, telephone number, fax number, if any, and e-mail address;
(b) the date and time of transmission; and
(c) the name and telephone number of a person to contact in the event of a transmission problem. O. Reg. 170/14, s. 6.
(2) If parties do not consent to the service of a document by e-mail, the court may, on motion, make an order directing that the document be served by e-mail, on such terms as are just. O. Reg. 170/14, s. 6.

WHERE DOCUMENT DOES NOT REACH PERSON SERVED

16.07 Even though a person has been served with a document in accordance with these rules, the person may show on a motion to set aside the consequences of default, 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. R.R.O. 1990, Reg. 194, r. 16.07.

VALIDATING SERVICE

16.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that,

(a) the document came to the notice of the person to be served; or
(b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service. R.R.O. 1990, Reg. 194, r. 16.08.

PROOF OF SERVICE

16.09 (1) Service of a document may be proved by an affidavit of the person who served it (Form 16B). R.R.O. 1990, Reg. 194, r. 16.09 (1).

(2) Personal service or service under subrule 16.03 (5) (service at place of residence) of a document by a sheriff or sheriff’s officer may be proved by a certificate of service (Form 16C). R.R.O. 1990, Reg. 194, r. 16.09 (2).
(3) A lawyer’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit. O. Reg. 575/07, s. 19.
(4) Service of a document under clause 16.05 (1) (c) (document exchange) may be proved by the date stamp on the document or a copy of it. R.R.O. 1990, Reg. 194, r. 16.09 (4).
(4.1) Service of a document under subclause 16.01 (4) (b) (iii) or clause 16.05 (1) (c.1) (electronic document exchange) may be proved by a record of service generated by the electronic document exchange that identifies the document that was served and indicates,
(a) the total number of pages served;
(b) the name of the person who served the document and, if the person served the document on behalf of a party, the name of the party and the nature of the relationship between the person and the party;
(c) the name of the person on whom the document was served; and
(d) the date on and time at which the document was served through the electronic document exchange. O. Reg. 170/14, s. 7 (1).
(5) The affidavit or certificate of service may be printed on the backsheet or on a stamp or sticker affixed to the backsheet of the document served. R.R.O. 1990, Reg. 194, r. 16.09 (5).
(6) Service of a document under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f) (e-mail) may be proved by a certificate of service of the person who served the document stating that he or she,
(a) served the document by e-mailing a copy in accordance with subrule 16.06.1 (1), and specifying whether it was on consent of the parties or under an order;
(b) has sworn an affidavit of service containing the particulars set out in the certificate of service;
(c) has kept the affidavit of service; and
(d) will, on the request of the court or a party, produce the affidavit of service. O. Reg. 24/00, s. 5; O. Reg. 170/14, s. 7 (2, 3).

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References

  1. R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived August 31, 2020