If you’re involved in a Small Claims Court case in Ontario, properly serving legal documents is a crucial step. Failing to serve documents correctly can result in delays, dismissed claims, or even losing your case.

This guide explains who must serve documents, how to serve them, and what to do if the other party refuses to accept them.

1. What Does It Mean to “Serve” Documents?

📌 Serving documents means officially delivering legal paperwork to the other party to notify them of a claim or court action.

✅ Key types of documents that must be served:

• Plaintiff’s Claim (Form 7A) – Notifies the defendant of the lawsuit.
• Defence (Form 9A) – The defendant’s response to a claim.
• Motion or Application Notices – Requests for court decisions before trial.
• Summons to Witness – Orders someone to appear in court.
• Judgments and Court Orders – Official court rulings.

🚨 If you do not serve documents correctly, the court may reject your case or delay proceedings.

For more, check Ontario Small Claims Court Rules.

2. Who Must Serve Court Documents?

📌 The party filing the document (plaintiff or defendant) is responsible for serving it.

✅ You can serve documents yourself or have someone else do it for you, such as:

• A friend or family member (who is not involved in the case).
• A licensed paralegal or process server.
• A court-approved third-party delivery service.

🚀 Hiring a process server can help ensure documents are served legally and on time.

For legal assistance, check How to Hire a Process Server.

3. Methods of Serving Documents in Small Claims Court

📌 The method of service depends on the type of document being served.

✅ Common ways to serve documents:

1. Personal Service (Hand Delivery)

• Required for Plaintiff’s Claim (Form 7A) and some court orders.
• Must be handed directly to the recipient.
• If they refuse to accept, you can leave it at their feet and state that they are being served.

2. Service by Mail or Courier

• Must use regular mail or courier with proof of delivery.
• Considered served 5 days after mailing.
• Cannot be used for urgent court motions or claims.

3. Email or Fax (With Consent)

• Can only be used if the recipient agrees in writing.
• The document is considered served on the day it is sent if before 4 PM.
• Must request confirmation of receipt.

4. Substituted Service (With Court Approval)

• If you cannot locate the recipient, you can ask the court to allow:✅ Serving a relative or employer instead.✅ Posting on their door or publishing in a newspaper.✅ Emailing or texting if other methods fail.

🚨 You must file proof of service with the court to confirm proper delivery.

For court forms, check Ontario Small Claims Court Forms.

4. What If the Other Party Refuses to Accept the Documents?

📌 The recipient does NOT have to sign or acknowledge receipt for service to be valid.

✅ If they refuse to accept personal service:

• Leave the documents near them and state that they are being served.
• Take a photo or video as proof, if possible.
• Hire a process server, who can provide an affidavit of service.

🚨 You cannot serve documents by force—doing so improperly may result in legal issues.

For more, check How to Handle Difficult Defendants.

5. Filing Proof of Service with the Court

📌 After serving documents, you must file proof with the court.

✅ Steps to file proof of service:

1. Complete Form 8A – Affidavit of Service (available here).
2. Attach evidence of service (e.g., delivery receipts, process server affidavit, email confirmation).
3. File the affidavit with the Small Claims Court registry.

🚀 Failing to file proof of service can delay your case or result in dismissal.

For assistance, check How to File an Affidavit of Service.

6. What Happens If You Serve Documents Late?

📌 Missing service deadlines can hurt your case.

✅ Options if you miss a deadline:

• Request an extension from the court, explaining why service was delayed.
• Serve documents immediately and ask the other party to agree to proceed.
• Seek legal advice to determine next steps.

🚨 Late service can result in motions to dismiss your case.

For more, check Dealing with Missed Deadlines in Small Claims Court.

Final Thoughts: Serving Documents the Right Way

📌 Key Takeaways:

• Serving documents properly is critical to a successful Small Claims Court case.
• Personal service, mail, email (with consent), and substituted service are common methods.
• If a recipient refuses service, leave the document near them and document the attempt.
• File proof of service with the court to validate the process.

🚀 Need help with serving documents? Contact Carson Frankum for expert legal assistance.

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