How to serve a statement of claim in Ontario

The deadline: six months from issue

Under Rule 14.08(1) of the Rules of Civil Procedure, a statement of claim must be served within six months after it is issued. If the action started with a notice of action, the notice and the statement of claim are served together within six months after the notice of action is issued (Rule 14.08(2)).

Personal service (Rule 16.02)

An originating process such as a statement of claim must be served personally or by an alternative to personal service (Rule 16.01). Personal service means leaving a copy of the document with:

• an individual: the person themselves (Rule 16.02(1)(a));
• a corporation: an officer, director or agent, or a person at any place of business who appears to be in control or management of it (Rule 16.02(1)(c));
• a municipality: the mayor, chair, warden or reeve, the clerk or deputy clerk, or a lawyer for the municipality (Rule 16.02(1)(b)).

The person serving does not need to carry the original document (Rule 16.02(2)).

Alternatives to personal service (Rule 16.03)

• At the residence: after an attempt at personal service at the person’s home fails, leave a copy in a sealed envelope addressed to them with anyone who appears to be an adult member of the household, and mail another copy the same day or the next. Service is effective on the fifth day after mailing (Rule 16.03(5)).
• By mail with an acknowledgment of receipt card (Form 16A), effective only when the signed card comes back (Rule 16.03(4)).
• On the defendant’s lawyer, if the lawyer endorses an acceptance of service with the date (Rule 16.03(2)).
• A corporation that cannot be found at its last address recorded with the Ministry can be served by mail to that address (Rule 16.03(6)).

When the defendant can’t be found or avoids service

If prompt service is impractical, the court can order substituted service or dispense with service (Rule 16.04). Courts expect evidence of genuine attempts, which is why every attempt we make is recorded with the time, GPS location, photos and notes.

Proof of service: Form 16B

Service is proved by an affidavit of the person who served the document, in Form 16B, Affidavit of Service (Rule 16.09(1)). It states who was served, when, where and how, and is sworn before a commissioner for taking affidavits.

After service: the defence deadline

A defendant served in Ontario has 20 days to deliver a statement of defence; 40 days if served elsewhere in Canada or the United States; 60 days if served anywhere else (Rule 18.01). The clock runs from the date service is effective, so the date in the affidavit matters.