Serving a Small Claims Court claim in Ontario

The deadline

A plaintiff’s claim or defendant’s claim must be served within six months after it is issued. The court can extend the time, before or after the six months end (Rule 8.01(2)).

Personal service and the alternatives

A claim is served personally (Rule 8.02) or by an alternative to personal service (Rule 8.03). Personal service means leaving a copy with the individual, or for a corporation with an officer, director or agent, or a person at a place of business who appears to be in control or management of it. The alternatives are:

• At the residence, after personal service there fails: a sealed envelope left with an apparent adult member of the household, plus a copy mailed or couriered the same or next day. Effective on the fifth day after mailing or verified courier delivery (Rules 8.03(2) and (4)).
• Registered mail or courier to the individual’s home, if the individual or an apparent household member signs for it. Effective on the date of the signature shown in the delivery confirmation (Rules 8.03(7) and (8)).
• A corporation that can’t be found at its last address recorded with the Ministry: mail or courier to that address and to each director at their recorded address (Rule 8.03(3)).
• Acceptance by the party’s lawyer or paralegal, endorsed with the date (Rule 8.03(5)).

If prompt service is impractical, the court can allow substituted service (Rule 8.04). A summons to witness must be served personally at least 10 days before the trial date (Rule 8.01(7)).

Proof of service: Form 8A

Proof of service is an Affidavit of Service in Form 8A, sworn by the person who served the document (Rule 8.09.1(2)). A lawyer or paralegal can use a certificate of service (Form 8B) instead.

After service

A defendant who wants to dispute the claim has 20 days after being served to serve a defence (Form 9A) on every other party and file it with proof of service (Rule 9.01).