Last Updated: , 73 days ago.
If a Small Claims Court document was served in the wrong way in Ontario, how do I validate service so my case does not get delayed?
Mole Legal Services can help paralegals and property management clients in Ontario understand when improper service can still be validated and what to file next, including a Motion to Validate Service under the Small Claims Court approach by reference to the Civil Procedure rules. Under Rules of the Small Claims Court, O. Reg. 258/98, rule 1.03(2), if the rules do not cover the scenario, the court can give just directions by analogy, and it may use the Rules of Civil Procedure. For validating service, Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rule 16.08 allows validation where the court is satisfied the document came to the person’s notice, or would have come to notice except for attempts to evade service. If you have any proof of when and how the other side received (or likely would have received) the document and details of your efforts to serve correctly, Mole Legal Services can assess your timeline and draft guidance for a practical path forward; call (647) 709-5157.
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A Document Served Improperly May Be Deemed Served
The Rules of the Small Claims Court, O. Reg. 258/98 lack a procedure for when the intended recipient receives a document through a method that falls outside of the prescribed Rules; thus, in such a circumstance, it becomes necessary to refer to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, which include a procedure for the validation of service via a Motion to Validate Service. The relevant sections in the Rules of the Small Claims Court and the Rules of Civil Procedure are:
Note: For immediate help, please contact Mole Legal Services by phone at: (647) 709-5157 to retain services or to discuss any specific questions that you may have.
Matters Not Covered in Rules
1.03 (2) If these rules do not cover a matter adequately, the court may give directions and make any order that is just, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the action and, if the court considers it appropriate, by reference to the Rules of Civil Procedure.
Validating Service
16.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that,
(a) the document came to the notice of the person to be served; or
(b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.
Conclusion
Filing a Motion to validate service can help to ensure that a case proceeds without unnecessary delays. In a Motion to validate service, it is beneficial to show that there were efforts to serve documents correctly and to provide any available evidence to support the request for validation.
NOTE: A considerable amount of online searches featuring “lawyers nearby” or “top lawyer in” frequently indicate a desire for prompt and competent legal assistance rather than a particular professional designation. In Ontario, licensed paralegals are governed by the same Law Society responsible for lawyers and are permitted to represent clients in certain legal matters. Key aspects of this role include advocacy, legal analysis, and procedural expertise. Mole Legal Services provides legal representation within its licensed parameters, focusing on strategic approaches, evidence preparation, and effective advocacy to secure timely and advantageous outcomes for clients.
