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 at that person’s last known address, last known fax number or last known email address or, if the party is not represented by counsel, on the party or the party’s agent, by

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

• (b) ordinary mail, except for originating documents or documents filed in support;

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

• (d) 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 party being served consents to service by fax transmission;

• (d.1) email, except for documents that are required to be bound under these Rules unless the party being served consents to service by email; or

• (e) leaving a copy with a party’s counsel or agent or with an employee in the office of the counsel or agent.

(2) Service of both the printed and electronic versions is not required if the counsel being served accepts service of one of those versions.

(3) 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.

(3.1) If a document is served by email, the email shall contain

• (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; and

• (e) an indication of the number of attachments to the email or an indication of where the party being served can access the document electronically.

(4) Subject to subrule (5), a document is deemed to have been served on the day on which it is received or is admitted to have been received, unless it is received between 5:00 p.m. and 12:00 a.m. local time or on a day that is a holiday, in which case it is deemed to have been filed the following day that is not a holiday.

(5) A document served by ordinary mail is deemed to have been served on the fifth business day after the document is mailed.

(6) When an attempt by an authorized person to serve a document in accordance with the rules of procedure applicable in the province or territory in which the document is served has failed and was recorded in that person’s certificate of service, he or she may serve the document by leaving on the premises a copy of the document intended for the addressee.

(7) Proof of service of the printed version or the electronic version is sufficient.

(8) 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) if service is made by ordinary mail, an affidavit of service in Form 20;

• (b) if service is made by registered or certified mail or by courier, an affidavit of service in Form 20 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 that indicates the status of the delivery of the document;

• (c) if service is made by fax transmission, an affidavit of service in Form 20 annexing a copy of the cover page referred to in subrule (3) and a transmission slip that confirms the date and time of transmission;

• (d) if service is made by email, an affidavit of service in Form 20 annexing a copy of the email referred to in subrule (3.1) and a copy of either the email read receipt or the confirmation by the party served that the service was effected electronically;

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

• (f) an admission of service endorsed by the party or their counsel or agent.

(9) If service is made by registered or certified mail, courier, fax transmission or email, an affidavit of service in Form 20 is not required for documents that are not originating documents, provided that the information that is required to be annexed under paragraph (8)(b), (c) or (d), as the case may be, is filed.

(10) The Registrar may, on filing of an affidavit by the serving party, make any order for substitutional service that the circumstances require.