Suing Someone Who Lives Outside Ontario

You can often sue someone who lives outside Ontario in an Ontario court, if the dispute has a real connection to Ontario.

Does an Ontario court have jurisdiction?

The Supreme Court of Canada, in Club Resorts v. Van Breda (2012), said courts look for connecting factors, such as:

• the defendant lives or carries on business in Ontario;
• a tort was committed in Ontario;
• a contract connected to the dispute was made in Ontario.

Serving the claim

Serving documents outside Ontario must follow the court rules, and sometimes international treaties. Allow extra time.

Collecting the judgment

• Another Canadian province: judgments can usually be registered and enforced through that province's reciprocal enforcement rules.
• Another country: enforcement depends on that country's law.

Is it worth it?

Before suing, consider where the defendant's assets are, and whether suing where they live would be simpler.

Sources

• Club Resorts Ltd. v. Van Breda, 2012 SCC 17
• Rules of the Small Claims Court

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General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: A row of very old, worn-out books on a shelf · four men looking to the paper on table.

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.