Motion to Validate Service:

Question: How can a paralegal in Ontario help me file a Motion to Validate Service if a document was served improperly under the Small Claims Court rules?

Answer:   Forseti Legal Services can help Ontario residents and defendants by preparing a Motion to Validate Service when a document was served in a way not authorized by O. Reg. 258/98, ,  and then pointing the court to the authority to validate service under Rule 16.08 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 where the court may validate if the document came to the notice of the person to be served or would have come to notice except for the person’s own attempts to evade service.  For best results, act quickly, gather proof that you tried to serve documents correctly, and collect any evidence showing the recipient received or likely would have received the document.  If you need help preparing the motion and organizing the supporting materials, call (705) 806-7577 for a consultation with Forseti Legal Services.

A Document Served Improperly May Be Deemed Served

The Rules of the Small Claims Court, O. Reg. 258/98, lack a specific rule dealing with the situation where the intended recipient receives a document in a manner outside of the prescribed Rules. Consequently, in such a scenario, it becomes essential to refer to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, where there is a provision for validating service via a Motion to Validate Service. The pertinent sections in the Rules of the Small Claims Court and the Rules of Civil Procedure are as follows:

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.