Serving a Claim via Email (Substituted Service): Difference between revisions
From Riverview Legal Group
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===Requirements for Rule 8.04=== | ===Requirements for Rule 8.04=== | ||
* Cash Flow Recoveries Inc v Stearns, 2015 CanLII 63993 (ON SCSM) | * Cash Flow Recoveries Inc v Stearns, 2015 CanLII 63993 (ON SCSM) | ||
** In this case, there appears to be no uncertainty as to the address at which the Defendants reside. While they may not have been co-operative in responding to the Plaintiff’s pre-litigation collection efforts, this is not sufficient, in my view, to establish that the Defendants are actively attempting to evade service. No attempt has been made by the Plaintiff to effect personal service under Rule 8.02. I also note that a failed attempt of personal service under Rule 8.02 would still permit service by alternative permitted under Rule 8.03(2). | ** <i>"In this case, there appears to be no uncertainty as to the address at which the Defendants reside. While they may not have been co-operative in responding to the Plaintiff’s pre-litigation collection efforts, this is not sufficient, in my view, to establish that the Defendants are actively attempting to evade service. No attempt has been made by the Plaintiff to effect personal service under Rule 8.02. I also note that a failed attempt of personal service under Rule 8.02 would still permit service by alternative permitted under Rule 8.03(2)."</i> | ||
* Principles Extracted from Above: | * Principles Extracted from Above: | ||
** There must be an uncertainty of the defendants' address | ** There must be an uncertainty of the defendants' address | ||
** An attempt to effect personal service must have been attempted under Rule 8.02 | ** An attempt to effect personal service must have been attempted under Rule 8.02 | ||
Revision as of 18:01, 24 November 2020
References
Overview
The Rules:
- 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.
Requirements for Rule 8.04
- Cash Flow Recoveries Inc v Stearns, 2015 CanLII 63993 (ON SCSM)
- "In this case, there appears to be no uncertainty as to the address at which the Defendants reside. While they may not have been co-operative in responding to the Plaintiff’s pre-litigation collection efforts, this is not sufficient, in my view, to establish that the Defendants are actively attempting to evade service. No attempt has been made by the Plaintiff to effect personal service under Rule 8.02. I also note that a failed attempt of personal service under Rule 8.02 would still permit service by alternative permitted under Rule 8.03(2)."
- Principles Extracted from Above:
- There must be an uncertainty of the defendants' address
- An attempt to effect personal service must have been attempted under Rule 8.02
