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Motion to Validate Service:
a Request for Court Order to Confirm Acceptance of Document Service
Question: How can improperly served documents be validated in Ontario's Small Claims Court?
Answer: In Ontario, if a document is served outside the prescribed method in the Rules of the Small Claims Court, O. Reg. 258/98, it may still be deemed served by filing a Motion to Validate Service under the guidelines of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. This motion is beneficial to ensure the case proceeds without delay, provided there is evidence the document reached or would have reached the intended recipient. For guidance and legal support tailored to your specific case, contact LawyerandParalegal.Coach today.
A Document Served Improperly May Be Deemed Served
The Rules of the Small Claims Court, O. Reg. 258/98, lack a rule specifically addressing what should happen when the intended recipient receives a document in a manner that falls outside these Rules. Accordingly, in such a circumstance, reference to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, becomes necessary; and whereas the Rules of Civil Procedure provide for validation of service, a Motion to Validate Service may be brought. The relevant Rules of the Small Claims Court as well as the relevant Rules of Civil Procedure state:
Matters Not Covered in Rules
1.03 (2) If these rules do not cover a matter adequately, the court may give directions and make any order that is just, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the action and, if the court considers it appropriate, by reference to the Rules of Civil Procedure.
Validating Service
16.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that,
(a) the document came to the notice of the person to be served; or
(b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.
Conclusion
Filing a Motion to validate service can help to ensure that a case proceeds without unnecessary delays. In a Motion to validate service, it is beneficial to show that there were efforts to serve documents correctly and to provide any available evidence to support the request for validation.