How do I properly serve the other party in Small Claims Court in Ontario?

Proper service is a critical step in Small Claims Court. The plaintiff must deliver the issued Plaintiff's Claim to every defendant within the time set by the Rules of the Small Claims Court. Service is what legally notifies the defendant of the claim and triggers their deadline to respond.

Personal service — delivering the documents directly to the defendant — is the most reliable method and is required in certain situations, such as serving an individual defendant for the first time. The Rules also permit several alternatives: leaving documents at a person's place of residence with someone who appears to be an adult; service by mail to a corporation's registered office; or, in some circumstances, service by email or fax if the recipient agrees. Using a process server is common when personal service is difficult.

If you cannot serve a defendant despite reasonable efforts, you can bring a motion to the court requesting permission to serve by an alternative method (substituted service) or to dispense with service entirely. Keep an Affidavit of Service (Form 8A) for every defendant you serve — you will need to file it with the court to prove proper service before you can get a default judgment or proceed to a hearing.