Motion to Validate Service:

Question: What should I do if my small claims court document was served improperly and I need to file a motion to validate service?

Answer: If a document for your small claims matter was served in a way not authorized under the Rules of the Small Claims Court, you can seek court approval by filing a Motion to Validate Service guided by Rule 16.08 of the Rules of Civil Procedure, where the court may validate service if it came to the person’s notice or would have come to their notice but for their attempts to evade service.  Because the small claims rules can be silent on improper service procedures (Rule 1.03(2)), Forseti Legal Services can help you organize the facts, show what efforts were made to serve correctly, and prepare the motion to reduce delays and keep the case moving.  Call (705) 806-7577 for a free 1/4 hour consultation.

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A Document Served Improperly May Be Deemed Served

Absent a specific rule in the Rules of the Small Claims Court, O. Reg. 258/98 dealing with the scenario where the intended recipient receives a document in a manner outside of the said Rules, reference to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, and the provisions for validating service via a Motion to Validate Service become necessary. The relevant sections from the Rules of the Small Claims Court and the Rules of Civil Procedure are:

Note: Please contact Forseti Legal Services by phone at: (705) 806-7577 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.