Substituted Service (SCSM): Difference between revisions
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8.04 If it is shown that it is impractical to effect prompt service of a claim personally or by an alternative to personal service, the court may allow substituted service. O. Reg. 258/98, r. 8.04. | 8.04 If it is shown that it is impractical to effect prompt service of a claim personally or by an alternative to personal service, the court may allow substituted service. O. Reg. 258/98, r. 8.04. | ||
8.10 A person who has been served or who is deemed to have been served with a document in accordance with these rules is nevertheless entitled to show, on a motion to set aside the consequences of default, on a motion for an extension of time or in support of a request for an adjournment, that the document, | |||
::(a) did not come to the person’s notice; or | |||
::(b) came to the person’s notice only at some time later than when it was served or is deemed to have been served. O. Reg. 461/01, s. 9 (1). | |||
<ref name="SCSMRules">O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT, <https://www.ontario.ca/laws/regulation/980258>, retrieved 2020-11-24</ref> | <ref name="SCSMRules">O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT, <https://www.ontario.ca/laws/regulation/980258>, retrieved 2020-11-24</ref> | ||
==References== | ==References== | ||
Revision as of 15:51, 24 November 2020
RULES OF THE SMALL CLAIMS COURT
8.01 (1) A plaintiff’s claim or defendant’s claim (Form 7A or 10A) shall be served personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03. O. Reg. 258/98, r. 8.01 (1).
Substituted Service
8.04 If it is shown that it is impractical to effect prompt service of a claim personally or by an alternative to personal service, the court may allow substituted service. O. Reg. 258/98, r. 8.04.
8.10 A person who has been served or who is deemed to have been served with a document in accordance with these rules is nevertheless entitled to show, on a motion to set aside the consequences of default, on a motion for an extension of time or in support of a request for an adjournment, that the document,
- (a) did not come to the person’s notice; or
- (b) came to the person’s notice only at some time later than when it was served or is deemed to have been served. O. Reg. 461/01, s. 9 (1).
References
- ↑ O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT, <https://www.ontario.ca/laws/regulation/980258>, retrieved 2020-11-24
