Serving a family court application in Ontario

Who may serve

No one under 18 may serve a document under the Family Law Rules (Rule 6(1.1)). Special service of an application (Forms 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1 and others), a motion to change (Form 15), a notice of contempt motion or a summons to witness must be carried out by a person other than the party who has to serve it, unless the court orders otherwise (Rules 6(4.1) and (4.2)). In practice that means a friend or relative over 18, or a process server.

Methods of special service (Rule 6(3))

• Leaving a copy with the person; for a corporation, with an officer, director or agent, or a person who appears to be managing a place of business.
• Leaving a copy with the person’s lawyer or licensed representative of record, or one who accepts service in writing.
• Mailing a copy with a prepaid acknowledgment postcard (Form 6). It only counts once the signed postcard is filed in the continuing record.
• Leaving a copy at the person’s home, in an addressed envelope, with an apparent adult resident, and mailing another copy the same or next day.

A notice of contempt motion, a summons to witness, or a motion or default hearing where the person could be imprisoned can only be served by leaving it with the person, unless the court orders otherwise (Rule 6(4)).

After service: 30 days to answer

The respondent must serve and file an answer within 30 days after being served with the application (Rule 10(1)), or 60 days if served outside Canada and the United States (Rule 10(2)).

Proof of service: Form 6B

Service is proved with an Affidavit of Service in Form 6B, sworn by the person who served the document (Rule 6(19)). A lawyer or paralegal can use Form 6C.