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Litigation

Can a judge let me serve someone through social media or email if I can't locate them in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes — Ontario courts can order substituted service, allowing a plaintiff to notify a defendant using a method other than personal, in-hand delivery, when the usual method isn't realistically working. Courts have increasingly accepted service through email, text message, or a defendant's active social media account where a plaintiff can show that account genuinely belongs to and is actively used by the defendant, and that this method is reasonably likely to actually bring the lawsuit to their attention. This isn't granted automatically; the plaintiff generally has to show real efforts were already made to locate and serve the defendant conventionally, and that those efforts failed or were realistically impractical.

The court also wants some evidence the proposed alternative method will actually reach the person — for example, recent activity on the account, or a documented connection between the account and the defendant's identity. Simply finding a profile with a matching name usually isn't enough on its own. If substituted service is granted, courts sometimes also order a backup method, such as sending documents to a last known address or a known family member, to strengthen the chance the defendant genuinely receives notice of the claim against them.

Key takeaways

  • Substituted service lets a plaintiff use methods like email or social media instead of in-person delivery.
  • Courts require proof that reasonable conventional efforts to serve the defendant were already tried and failed.
  • Evidence the account is genuinely active and belongs to the defendant is generally required.
  • Courts sometimes order a backup method alongside the alternative to strengthen the chance of actual notice.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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