What are the service requirements when starting an Application in a family law case?

An individual starting a family law case files a document called an “Application.” This person is called the “applicant” and the opposing party(s) is called the “respondent(s).”

There are different application forms, depending on the case. An application may contain a claim against more than one person and more than one claim against the same person. Applications require the applicant to set out the grounds for such claims.

Once the application is filed, it is to be served immediately on every other party by “special service” which includes: leaving a copy with the respondent, leaving a copy with the respondent’s lawyer, mailing a copy to the respondent, or leaving a copy at the respondent’s residence with anyone who appears to be an adult and mailing a copy to the same address that or the following day.

There are three options if the respondent cannot be served by way of special service. If the respondent is evading service, the lawyer of the applicant can apply for an order for substituted service. The applicant must show detailed evidence in their affidavit of the steps taken to locate the respondent along with proof that a substituted service can reasonably be expected to bring the document to the respondent’s attention. Substituted service can be affected if the court orders that the documents may be served on a person other than the respondent who will bring the documents to the respondent’s attention. If all efforts to service the respondent have failed, an order that service is not required called “dispensing” with service, must be applied for.

For more information on Applications and service requirements contact Krol & Krol, Barristers and Solicitors at 905.707.3370.