How to serve a corporation in Ontario

Who can be served on behalf of a corporation

• Civil (Superior Court of Justice): an officer, director or agent of the corporation, or a person at any place of business of the corporation who appears to be in control or management of the place of business (Rule 16.02(1)(c)).
• Small Claims Court: an officer, a director or another person authorized to act on behalf of the corporation, or a person at any place of business who appears to be in control or management of it (Rule 8.02(c)).
• Family cases: an officer, director or agent, or a person at any place of business who appears to be managing the place (Family Law Rules, Rule 6(3)(a)(iv)).

Municipalities have their own rule: the mayor, chair, warden or reeve, the clerk or deputy clerk, or a lawyer for the municipality (Rule 16.02(1)(b); Small Claims Rule 8.02(b)).

At the front desk

The rules do not say a receptionist can accept service. In practice the process server asks for an officer, a director or the person in charge of that location, and serves the person who appears to be in control or management of it. The affidavit of service names who was served and their position: Form 16B asks for the person’s name and title, and Form 8A for their name and office or position.

When the corporation isn’t at its recorded address

• Civil: if the head office, registered office or principal place of business can’t be found at the last address recorded with the Ministry of Public and Business Service Delivery, mail a copy to the corporation at that address (Rule 16.03(6)). Service by mail is effective on the fifth day after mailing (Rule 16.06(2)).
• Small Claims: mail or courier a copy to the corporation at that address and to each director at their address recorded with the Ministry (Rule 8.03(3)). Effective on the fifth day after mailing or verified courier delivery (Rule 8.03(4)).

Other alternatives still apply, such as acceptance of service by the corporation’s lawyer (Rule 16.03(2); Small Claims Rule 8.03(5)) or, in civil cases, mail with an acknowledgment of receipt card (Rule 16.03(4)). The Small Claims option of registered mail or courier to a home applies only to individuals (Rule 8.03(7)).

Extra-provincial corporations and businesses based outside Ontario

For an extra-provincial corporation that can’t be found, the same mail alternatives use its attorney for service in Ontario at the address recorded with the Ministry (Rule 16.03(6); Small Claims Rule 8.03(3)). A person outside Ontario who carries on business in Ontario can be served personally by leaving a copy with anyone carrying on business in Ontario for them (Rule 16.02(1)(e); Small Claims Rule 8.02(e)).

Check what kind of business it is

Partnerships and sole proprietorships are not corporations and have their own rules: leave a copy with a partner or the sole proprietor, or with a person at the principal place of business who appears to be in control or management of it (Rules 16.02(1)(m) and (n); Small Claims Rules 8.02(k) and (l)). A director or owner who is also sued personally is a separate defendant and needs to be served in their own right. We can serve the company and a director at the same office in one visit.