How do you serve a statement of claim in Ontario?

In other to serve a statement of claim in Ontario, you need to hire a lawyer of a Process Server. You cannot serve the statement of the claim yourself according to the Rules of Civil Procedures. Similarly, if you are the defendant serving your Statement of Defence, you need to hire a lawyer or a process server.

What documents do I need to serve with a claim form?

Notice and certificate of service relating to the claim form

• Personal service.
• First class post, document exchange or other service which provides for delivery on the next business day.
• Delivery of document to or leaving it at a permitted place.
• Fax.
• Other electronic method.
• Alternative method or place.

How long do you have to serve a claim form?

four months
A claim form must be served within four months of issue. Any reasonably competent solicitor ought to make sure these deadlines are met, but there are pitfalls. They can lead to disputes over the conduct of the litigation, a fiendish outcome for the client.

What if you can’t find the person to serve?

if you absolutely cannot get the person served the regular way, you need to file a motion with the court to allow you to publish in the city or county of the last known residence of the person you are trying to serve. It will cost a little and you might need a lawyer to get you through this part.

How long do I have to serve a claim form?

Where do I serve claim form?

the claim form must be served at the business address of that solicitor. (‘Solicitor’ has the extended meaning set out in rule 6.2(d).)

How is a claim form served?

In all cases you can serve the claim form on the solicitor who acts for the defendant, but only if the defendant has agreed in writing to accept service by that method.

What happens if I never served court papers?

If you have not been properly served, and you don’t show up, the court has no personal jurisdiction over you, and can’t enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.

What happens if no response to small claims court?

If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). Until the court receives your request to enter judgment, the defendant can still reply to your claim.