Rules of the Supreme Court of Canada

20 (1) Service of any document on a party shall be made on the party’s counsel or agent or, if the party is not represented by counsel, on the party or the party’s agent, in one of the following ways:

• (a) by personal service made on any day other than a holiday;

• (b) by registered or certified mail or by courier; or

• (c) by fax transmission, except for

  • (i) documents that are required to be bound under these Rules, and

  • (ii) documents that are longer than 40 pages, unless the recipient consents to the fax transmission.

(2) Every document served by fax transmission shall include a cover page that shows

• (a) the title of the document being transmitted;

• (b) the sender’s name, address and telephone number;

• (c) the name of the party being served and of the party’s counsel, if any;

• (d) the date and approximate time of the transmission;

• (e) the number of pages transmitted, including the cover page;

• (f) the fax number of the transmitting fax machine; and

• (g) the name and telephone number of the person to contact if there are transmission problems.

(3) A document is deemed to have been served

• (a) subject to paragraph (b), on the date on which it was received or is admitted to have been received; or

• (b) on the next day after it was received that is not a holiday, if it was received

  • (i) on a holiday, or

  • (ii) on any other day, between five o’clock in the afternoon and midnight, local time.

(4) Proof of service shall be verified by filing, in accordance with Rule 19, one of the following documents within two days after service, unless a judge or the Registrar otherwise orders:

• (a) an affidavit of service in Form 20;

• (b) a certificate of service by a sheriff, any bailiff or any authorized person in accordance with the rules of procedure applicable in the province or the territory in which the document is served;

• (c) an admission of service endorsed by the party or their counsel or agent;

• (d) if service is made by registered or certified mail or by courier, an affidavit annexing a post office receipt, a receipt card bearing the signature of the person served or a copy of the tracking results of the courier service indicating the status of the delivery of the document; or

• (e) if service is made by fax transmission, a copy of the cover page in accordance with subrule (2) and a transmission slip that confirms the date and time of transmission.

(5) The Registrar may, on motion, make any order for substitutional service that the circumstances require.

(6) [Repealed, SOR/2006-203, s. 3]