Serving a Small Claims Court document correctly

Serving a court document means delivering it using a method the applicable rules permit. The correct method can depend on the document, the recipient, and whether the recipient has a representative. An informal email exchange does not automatically authorize every form of electronic service.

Check the current service rule before delivery and record who served the document, when, where, and how. Keep any delivery records needed to support the affidavit of service. If you cannot locate a defendant, obtain advice about permitted alternatives or an order for substituted service. Filing a document with the court and serving another party are separate steps. Completing one does not necessarily satisfy the other or extend the deadline.

Begin with the exact document you need to deliver rather than assuming the method used earlier in the case remains suitable. An originating claim, a later document, and a document directed to a corporation can involve different requirements. Check the recipient's identity and address carefully. If another person accepts delivery, record what happened accurately instead of describing the event as personal delivery to someone you did not actually meet. Reliable service evidence can become important if receipt is later disputed.

Plan backwards from the deadline and allow time to correct a failed attempt. Keep a service log with the document version, attempted dates, result, and supporting delivery information. A professional process server may assist where locating a person or documenting attempts is difficult. If an order is needed for an alternative method, preserve the evidence explaining why ordinary service has not worked. Avoid improvised shortcuts that leave the court unable to determine whether the required notice was properly given to the other party.

Sources

• Ontario guide to serving documents

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

Photos from Pexels: Stone columns of a classic court building · Working on documents and a laptop.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.