Part I: General Matters [Rules 1-19] (continued)
Rule 5 Service of Documents (continued)
Alternatives to Personal Service
Acceptance of Service by Solicitor
(2) Service on a party who has a solicitor may be made by leaving a copy of the document with the solicitor, or an employee in the solicitor’s office, but service under this subrule is effective only if the solicitor endorses on the document or a copy of it an acceptance of service and the date of acceptance.
(3) By accepting service the solicitor shall be deemed to represent to the court that the solicitor has the authority of his or her client to accept service.
Service by Mail to Last Known Address
(4) Service of a document may be made by sending a copy of the document together with an acknowledgment of receipt card (Form 6) by mail to the last known address of the person to be served, but service by mail under this subrule is effective:
Service at Place of Residence
(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.
Service on a Corporation
(6) Where the head office or principal place of business of a corporation cannot be found at the last address recorded with the Ministry of Consumer and Commercial Relations, service may be made on the corporation by mailing a copy of the document to the corporation at that address.
- SI/2014-5, s. 33(E)
Substituted Service or Dispensing with Service
Where Order May be Made
5.04 (1) Where it appears to the court that it is impractical for any reason to effect prompt personal service of a notice of application, notice of appeal 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 interests of justice, may dispense with service.
Effective Date of Service
(2) In an order for substituted service, the court shall specify when service in accordance with the order is effective.
(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.
Service on Solicitor of Record
(a) by mailing a copy to the solicitor’s office;
(b) by leaving a copy with a solicitor or employee in the solicitor’s office;
(c) by depositing a copy at a document exchange of which the solicitor is a member or subscriber, but service under this paragraph 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;
(d) by telephone transmission of a facsimile of the document in accordance with subrule (3); or
(e) by emailing a copy to the solicitor’s office in accordance with subrule (4).
(2) Service of a document by depositing a copy at a document exchange under paragraph (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.
(3) A document that is served by telephone transmission shall include a cover page indicating:
(a) the sender’s name, address and telephone number;
(b) the name of the solicitor of record to be served;
(c) the date and time of transmission;
(d) the total number of pages transmitted, including the cover page;
(e) the telephone number from which the document is transmitted; and,
(f) the name and telephone number of a person to contact in the event of transmission problems.
(4) Service of a document in accordance with paragraph (1)(e) is effective only if:
(a) the email message includes
(b) the solicitor of record provides an acceptance of service by email and confirms the date of the acceptance. If the email acceptance is received between 4 p.m. and midnight, service is deemed to have been made on the following day.
- SI/2014-5, ss. 4, 33(E)
Service by Mail
Manner of Service
(2) Service of a document by mail, except under subrule 5.03(4), is effective on the fifth day after the document is mailed.
Where Document Does Not Reach Person Served
5.07 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 his or her notice; or,
(b) came to his or her notice only at some time later than when it was served or is deemed to have been served.
5.08 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.
Proof of Service
Affidavit of Service
(2) Personal service or service under subrule 5.03(4) (service at place of residence) of a document by a sheriff or sheriff’s officer may be proved by a certificate of service in Form 8.
Solicitor’s of Record Admission or Acceptance
(3) A solicitor of record’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.
(4) Service of a document under paragraph 5.05(1)(c) (document exchange) may be proved by the date stamp on the document or a copy of it.
(5) Service of a document under subparagraph 5.01(5)(b)(iii) or paragraph 5.05(1)(e) may be proved by a certificate of service of the person who served the document stating that he or she:
(a) has served the document by emailing a copy in accordance with subparagraph 5.01(5)(b)(iii) or subrule 5.05(4) and has received an acceptance of service, with the date and time of the acceptance;
(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 produce, at the request of the court or a party, the affidavit of service.
- SI/2014-5, ss. 5, 33(E)
- Date modified: