Service of Court Documents in Ontario

It is essential for the litigants to serve court documents properly on other parties in accordance with the Rules of Civil Procedure. This lecture provides guidance regarding the service of originating process, for example, a statement of claim, notice of action etc.
This lecture is taught by Amer Mushtaq, LL.B., M. Engineering, B.Sc. (Hons.), who is the Principal and Founder of the law firm, Formative LLP. Through this KZbin channel, Amer shares practical advice from his years of legal experience to help anyone access justice and achieve their goals. Subscribe today to learn more.
Amer also offers in-depth courses (by paid subscription) on various legal topics through www.youcounsel.ca/.
-
Lecture Outline:
-
0:02 Introduction to Service of Court Documents in Ontario and Disclaimer
1:15 Different Types of Court Documents: Rule 1.03(1)
6:25 Service of Originating pleadings: Rule 16. Personal Service to an Individual
9:09 Personal Service on a Corporation
9:45 Alternative to Personal Service: Rule 16.03
14:25 Process Servers
15:15 Substituted Service or Dispensing with Service
17.10 Conclusion: Importance of Rule 16.
-
► Remember to Like, Comment, and Subscribe!
-
Looking to hire a lawyer or seeking legal advice?
Visit Formative LLP (www.formativelaw.ca) where you can get in touch with Amer and his team to help you navigate your legal concerns.
Book a call directly with Amer on Clarity:
clarity.fm/amermushtaq
Looking for formal course offerings?
Visit www.youcounsel.ca/
Show notes, links, further readings, attachments:
www.formativelaw.ca/2020/06/se...
To access the slides used in this presentation, visit:
www.formativelaw.ca/2020/06/se...
For the machine generated transcription to this video, visit:
www.formativelaw.ca/2020/06/se...

[@samtradder7590]

Great topic. Nice to know that we have pretty decent provisions in place and conscientious courts to protect individuals against default judgements. In many instances overseas, this is a racket - getting pretty strong judgements against individuals "ex-parte", utilizing lax/corrupt process serving procedure.

[@SapphireSteamy]

Thank you.

[@mandyli6718]

Thanks for the informative video. I would like to file a motion for substituted service, but I didnot the right forms to file. Anyone can help?

[@kentwiseman9246]

Hi Amer, great work your doing, i think i've watched all your videos multiple times over last 2 months...Im dealing with a complicated Defamation against me and your videos are an excellent help. Thanks again.

[@user-cv7pt7ou7b]

Great content! Is there a video or site you can refer me to for writing an affidavit of service for Superior Court of Ontario documents? Thanks!

[@takebacktheleft875]

Thank you for providing this video. I am confused because I received documents from the attorney general at my old address in Toronto that say they are time sensitive and have legal papers inside. I wondered if it might be a small claim from an old landlord. I have been given contradictory opinions, however, about whether or not I could get a notice of claim or any kind of summons by mail without having been served personally. DO small claims court papers come from the Attorney Generals office or the plaintiff? Can they be sent to last known address as a kind of "alternative to service" or substitution of service. Of course you cannot speak to my situation directly, but generally, is last known address substitution/alternatives. Thank you

[@analab4140]

I served my statement of claim about 20 days ago by leaving the sealed envelops to the corporations' receptionists. Will the 20 days be extended due to COVID 19? Thanks

[@YouCounsel]

Yes, timeline for delivering a statement of defence is also suspended (from March 16 to June 14, 2020), unless extended further.

[@johnluu7703]

Can somebody please help me for my situation? I recently lost my case in a small claim court. The court wants a $1500 settlement to the plaintiff. But, I believe that my settlement should be $600. I sent a request for a notice of appeal to the small claim courts. How should I appeal the case? Should I type a formal letter to the court? Thank you for your time.

[@YouCounsel]

Please see this link: www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/#sec31 if you have a "judgment" against you from Small claims court (which seems to be the case from your narrative) and you wish to appeal it, you would need to appeal to the Divisional Court. Please review the Courts of Justice Act (the above link and the related provisions) and also Rules of Civil Procedure to understand the appeal process. Please make sure that you follow the timeline, which isvery strict - something to the effect of 30 days or so from the date of judgment, but please doublecheck the Rules. it may be worthwhile to visit the small claims court in Toronto. you will find that there is a duty counsel who may be able to provide some free guidance. The amount of judgment/dispute is so low that i believe seeking a consultation with a paralegal or a lawyer may not be worthwhile. Please also keep in mind that an "appeal" does not mean the re-litigation of the whole trial. The appeal judge basically reviews whether the trial judge made a significant error (in applying the law mostly). If you lose an appeal, you may get costs awarded against you, which will be significantly higher than the small claims court costs. So tread carefully.

[@DavidZwarych]

Chicken and egg issue for alternative service to defendants lawyer. Until you serve the person, they won't get a lawyer on the case. So you won't know which lawyer to serve.