1. Identify the document and the recipient
Service means delivering court documents in a way the Rules recognize. Filing with the court does not serve the other party. A Plaintiff’s Claim or Defendant’s Claim has stricter requirements than many later documents: use personal service or an authorized alternative under Rules 8.02 and 8.03.
The recipient’s legal status matters. For an individual, personal service normally means leaving the document with that person. For a corporation, the Rules identify appropriate officers, directors, authorized people or a person apparently managing a business location. Government bodies, minors and people under disability have specific provisions. Do not treat every receptionist or relative as an authorized recipient.
Official reference: Ontario: serving documents
2. Select an authorized method, not just a convenient one
Rules allow particular alternatives, such as prescribed service at a residence, acceptance by a lawyer or paralegal, or certain mail or courier procedures. These have conditions, required follow-up steps and effective-service dates. Read the exact provision before using one. A tracking number or a message marked “seen” does not by itself establish valid service.
A defence and many ordinary later documents may be served by mail, courier or email as permitted by Rule 8.01(14). Special documents, such as a motion, summons or enforcement notice, can have different rules. For email, use the address and conditions authorized by Rule 8.08; an email address found online does not automatically authorize serving a claim there.
Common alternatives and effective-service dates
- At a residence: after an unsuccessful personal-service attempt, Rule 8.03(2) permits a sealed, addressed copy with an apparent adult household member plus another copy mailed or couriered to the residence the same or following day. Complete both parts.
- Registered mail or courier claim service: Rule 8.03(7) requires delivery to the individual’s residence and a qualifying signature confirming receipt. Service becomes effective on the verified signature date, not merely the dispatch date.
- Ordinary later-document mail or courier: the usual deemed period is five days after mailing, or after the courier verifies delivery, respectively. This is different from the signed-receipt claim alternative.
- Email where permitted: include sender and recipient details, date and time, and a contact for transmission problems. The Rules’ after-4-p.m. and holiday provisions can move the effective date.
- Acceptance by a representative: the authorized lawyer, paralegal or office employee must endorse acceptance and its date as required. Merely copying a representative is different.
Use the official service chart and exact Rule 8 provision for your document and party. Special government, disability, corporate and court-ordered methods may differ.
Official reference: Rules of the Small Claims Court, O. Reg. 258/98
3. Track time and deal with failed attempts
An issued plaintiff’s or defendant’s claim generally must be served on each defendant within six months after issuance. The court can extend the time before or after that period, but an extension is not automatic. Keep a log of attempts and act before time runs out.
If prompt service by authorized methods is impractical, consider a motion for substituted service. Explain the attempts made and why the proposed method is likely to reach the recipient. Obtain the order before relying on a different method and serve the package required by that order. Service outside Ontario also requires careful attention to jurisdiction and applicable rules.
Official reference: Official Small Claims Court forms
4. Prove service with Form 8A
The person who actually served the documents should record the date, time, place, recipient, method, exact documents and identifying details while fresh. That person completes Affidavit of Service, Form 8A, and swears or affirms it before an authorized commissioner. Do not sign a sworn section in advance of commissioning.
Keep receipts, delivery records and the served version. Different recipients or attempts may require separate affidavits or explanations. Check when proof must be filed for the next step. If service is disputed, detailed accurate records are more useful than a conclusion that the person “must have known.”
Official reference: Official Small Claims Court forms
Your next-step checklist
Use this list as you work. Check marks apply to this visit only.
Questions about this step
Can I serve a claim by ordinary email?
Do not assume so. Claims require personal service, an authorized alternative, or a court order permitting another method. Later documents may have different email-service rules.
Does the court serve my claim for me?
Normally you arrange service. Keep the issued claim, use an authorized method and prepare the required proof of service.
Sources for this guide
Where to go next
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General information for Ontario, not advice about your case. Legislation, court orders and current court directions govern. Get help with your situation.