How to serve a Small Claims Court claim in Ontario, and what to do when you can't

Serve each defendant on time

A Plaintiff's Claim must be served on each defendant within six months after the claim is issued (Rule 8.01(2)). The person who serves the claim completes an Affidavit of Service (Form 8A).

The person who actually served the claim fills out Form 8A. The form's instructions say you can serve the documents yourself or have a friend do it. You can hire a process server if you want someone else to do it.

Use a method the rules allow

A Plaintiff's Claim must be served personally (Rule 8.02) or by an alternative to personal service (Rule 8.03) (Rule 8.01(1)).

Personal service means leaving a copy with the right person:

• an individual: leave a copy with the person
• a corporation: leave a copy with an officer, a director or another person authorized to act for it, or with a person at any place of business who appears to be in control or management
• a partnership or a sole proprietorship: leave a copy with a partner or the owner, or with a person at the principal place of business who appears to be in control or management

Alternatives to personal service (Rule 8.03):

• At the person's home. If you tried to serve the person personally at home and could not, leave a copy in a sealed envelope addressed to the person with someone who appears to be an adult member of the household. On the same day or the next day, also mail or courier another copy to that address. Service counts on the 5th day after it is mailed, or on the 5th day after the courier confirms delivery.
• Registered mail or courier to the person's home. This works only if the person, or someone who appears to be a member of the household, signs for it. Service counts on the date of the signature shown in the delivery confirmation.
• A corporation whose head office cannot be found. If it cannot be found at its last address on record with the Ministry, mail or courier a copy to the corporation at that address and to each director at the director's address on record. Service counts on the 5th day.
• A lawyer or paralegal. A lawyer or paralegal for the party can accept service by signing and dating an acceptance on the document.

Keep the signed delivery record or other proof. If you count days from service, leave out the first day and include the last. If the last day is a holiday, the time ends on the next day that is not a holiday (Rule 3.01).

Email, fax or text does not count as service unless a court order allows it. A method that works for later court documents may not work for a Plaintiff's Claim.

Fill out Form 8A

After service, the person who served the claim completes an Affidavit of Service (Form 8A). It records who was served, what was served, when, where and how. The affidavit must be sworn or affirmed and filed with the court. Keep a copy with your service records.

If service does not work

Write down each attempt: the date, time, address, method and what happened. Keep any proof, such as a returned delivery notice. Confirm that you have the defendant's current address. Trying on different days and at different times may help; these are practical tips, not court rules.

If it is not practical to serve the claim in person or by an allowed alternative, you can ask the court to allow another method under Rule 8.04. File a Notice of Motion and Supporting Affidavit (Form 15A). Explain what you tried and why the method you want is likely to reach the defendant. The court decides whether to allow it.

Read the full guide to serving documents. If the defendant has been served properly, the defence deadline calculator can help estimate their 20-day response deadline.