Problems Serving? Here are the basics of Alternative to Personal Service

Hi Everyone, it's Kristy from Clearly Legal.

Let's talk today about Alternative to Personal Service.

In litigation, or Ontario litigation, the Rules of Civil Procedure require Personal Service. But what happens when that is not possible. You look for Alternatives.

What is Alternative to Personal Service?

Alternative to personal service means using other approved ways to deliver legal documents when direct handover is not possible. Courts recognize that sometimes you cannot physically hand documents to the person involved. Instead, the law allows you to serve documents through other means that still ensure the person receives notice.

Common Methods of Alternative Service

Here are some practical ways you can serve documents when personal service is not an option, please make it a habit to check Rule 16 for any timelines you may need to be aware of (or, when the new rules role out, whatever the new service rule number is):

• Leaving documents at the residence

You can leave a copy of the document in a sealed envelope addressed to the person at their home. The envelope must be handed to an adult who appears to live in the same household.

• Mailing the documents

Sending the documents by regular mail is a simple alternative. You can use registered or certified mail to get proof of delivery.

• Serving a corporation’s lawyer

If the documents are for a corporation, you can deliver or mail them to the company’s lawyer. This ensures the corporation is officially notified even if you cannot reach the individual directly.

• Emailing government representatives

In some cases, you can email documents to government officials such as the Crown or Public Guardian and Trustee (PGT). This method is specific to certain types of cases and requires following strict rules.

• Emailing individuals 

While email is still only considered actually valid when service is on a corporation or government office, the rule review is actively work to make email be accepted for the POV of an alternative for individuals.

When Should You Use Alternative Service?

You should consider alternative service when:

• The person is avoiding you or refusing to accept documents

• You cannot locate the person despite reasonable efforts

• The person lives in a household where someone else can accept documents

• The documents are for a corporation or government entity

• The court allows or requires alternative service in your case

  
  

There are other reasons, these ones are simply common. Using alternative service is not about skipping steps. It is about making sure the person receives the documents in a way that the law accepts when personal service is impossible.

Why Experience Matters

Since 2003, I have helped many litigation files navigate the complexities of alternative to personal service.

If you face challenges serving documents, reach out to someone with experience. The right guidance can make all the difference.

Lawyers, as much of the management of alternative to personal service is procedural, contact me. I’m here to help you save time and allow you to focus on the substantive and client management aspect of service. Contact me at kristy@clearlylegal.ca  and we'll chat.

Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal.