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Motion to Validate Service:
a Request for Court Order to Confirm Acceptance of Document Service
Last Updated: June 11 2026
Question: What can I do if Small Claims Court documents were served improperly in Ontario?
Answer: If a document was served in a way that doesn’t follow the Rules, you may be able to ask the court to validate service by showing the document came to the other party’s notice or would have, but for evasion under Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rule 16.08 and supported by Rules of the Small Claims Court, O. Reg. 258/98, Rule 1.03(2). Civil Litigations Paralegal Services is a Paralegal service helping consumers across Ontario move cases forward with clear, cost-conscious guidance on motions and evidence, so call (416) 229-1479 to get help reducing delays and avoiding service disputes.
A Document Served Improperly May Be Deemed Served
The Rules of the Small Claims Court, O. Reg. 258/98 are silent, meaning lacking, of a rule addressing the protocol for when an intended recipient receives a document in a manner outside the scope of the Rules. Thus, in such instances, it becomes necessary to turn to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, for guidance. The Rules of Civil Procedure include provisions for validating service, enabling a party to the proceedings to bring a Motion to Validate Service. The relevant sections from both the Rules of the Small Claims Court and the Rules of Civil Procedure are:
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) Â 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.
