How to Serve Documents in Ontario in Family Law: Rule 6 of the Family Law Rules

When serving documents in Ontario with respect to a family law issue, there are two methods of service, being regular service while serving documents in Ontario, or special service while serving documents in Ontario. Selecting a method for serving documents in Ontario is to be done in accordance with Rule 6 of the Family Law Rules, outlined below.

Using Regular service, there are five methods for serving documents in Ontario. They include:

1. Mailing a copy of the documentation to the individual's lawyer, or if they have yet to retain a lawyer, to them, personally;

2. Using a courier to send a copy of the documentation to the lawyer, or if they have yet to retain a lawyer, to them, personally;

3. Depositing a copy of the documentation at a document exchange in which the individual's lawyer is taking part of;

4. Faxing a copy of the documentation to the lawyer, or if they have yet to retain a lawyer, to them, personally;

5. To carry out special service.

Carrying out a special service of a document can be carried out in one of four ways.

1. The first way is to leave a copy:

(a) with the person to be served.

(b) In the event that the person appears to be mentally or emotionally incapable in respect to the issues outlined in the documentation, then the documentation may be left with the guardian of the persons property, or if there is no guardian of the persons property, then with the Public Guardian and Trustee.

(c) If the individual is a child, then the documentation must be left with the child and with the child’s lawyer, if one has been retained.

(d) If the institution being served is a corporation, then the documentation may be served on an officer, director of the corporation, agent of the corporation, or with any individual working for the corporation who appears to be managing the institution.

(e) If the institution being served is the children’s aid society, then the documentation may be served on an officer, director or employee of the society.

2. Another form of special service is to leave a copy of the documents with the individual’s lawyer who is the lawyer of record, or with a lawyer who in writing accepts the service of the documentation.

3. Special service can also entail mailing a copy of the documentation of the individual, along with prepaid postage, an envelope with the senders return address, and an acknowledgement of service. This is so that the recipient may send an acknowledgement of service to the to the applicant. If one chooses to serve documentation in this way, then the documents will only be viewed as valid if the acknowledgement of service is signed and returned to the individual serving the documentation.

4. One may also leave the documentation in an envelope at the residence person being served. The documentation must be left in an envelope clearly addressed to the individual, with any individual also residing in the residence who appears to be an adult with the same address. In addition to doing this, the applicant must mail a copy to the recipient soon thereafter.

For more information on serving or filing your family court documents, contact Krol & Krol at 905.707.3370 to schedule a consultation.