Motion to Validate Service:

Question: How do I file a motion to validate improper service of a document in Ontario Small Claims Court?

Answer: If you received a court document in a way not authorized by the Ontario Small Claims Court rules, a paralegal can help you prepare a motion to validate service under the Rules of the Civil Procedure, and the court may grant it where the document came to your notice or would have come to your notice but for the person’s attempts to evade service (see Rules of the Civil Procedure, R.R.O. 1990, Reg. 194, r. 16.08).  At Civil Litigations Paralegal Services, Civil Litigations paralegal services can help you gather the timeline and proof of service attempts and then draft the motion so your Small Claims matter can keep moving without delays.  Call (416) 229-1479 for help in Ontario.

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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:

Note: Please contact Civil Litigations Paralegal Services by phone at: (416) 229-1479 to discuss any specific questions that you may have.

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.