How to Serve Family Court Documents in Ontario

Filing an application is only half the job. The other person has to be formally told about the case, and the court needs proof that this happened. Mistakes in service can slow your case down.

This article explains who can serve documents, which methods are accepted, how the days are counted and how to prove service. Always check the current rules for your type of document.

Who can serve the documents

The person serving must be at least 18 years old. You cannot personally serve an Application (Form 8 or 8A), a Motion to Change (Form 15) with its affidavit, or documents that could lead to imprisonment, such as a Form 23 summons to witness or a Form 31 notice of contempt motion. An adult friend or family member, or a professional process server, must serve them.

If serving is unsafe and you cannot afford a process server, you can ask court staff to arrange service. An Application must be served immediately on every other party.

Special service and regular service

Special service can always be used, even when regular service is allowed. Fax of more than 20 pages generally needs consent or a court order, and electronic document exchange is allowed only if the other party agrees or a judge orders it. Documents like an Application that cannot be served personally by you can still be served by another adult using a permitted method.

Counting the days

An Answer (Form 10) must be served and filed within 30 calendar days of getting the application if served in Canada or the United States, or 60 calendar days if served outside.

Counting starts the day after the effective service day. Mailed documents are effective five days after mailing, and documents left with the person before 4:00 p.m. are effective the same day. For periods of seven days or more, weekends and holidays are included.

• Left with the person before 4:00 p.m.: effective the same day.
• Mailed: effective five days after mailing.
• Day one of the count: the day after the effective service day.

What to include when serving an application

When serving an application, include the other forms, the respondent's Mandatory Information Program notice if received, and blank response forms such as Form 10 and the financial statement.

For motions, the timing is tighter. Serve at least six business days before the motion date, file the motion forms and Form 6B at least four business days before, and file Form 14C (Confirmation) by 2:00 p.m. three business days before. If Form 14C is filed late, the motion is cancelled unless the court orders otherwise.

Proving service with Form 6B

To prove service, the person who served completes Form 6B (Affidavit of Service) and swears or affirms it before a commissioner for taking affidavits. It is filed with the court along with the original documents served, online through Justice Services Online or in person. One Form 6B is completed for each party served.

Commissioners at family court offices will commission documents free, and a clerk can commission your affidavit if you do not have a lawyer. If you used mail with Form 6, keep the returned copy safe, and confirm with a lawyer how it fits with proving service.

What to do next

• Choose an adult, or a professional process server, to serve an Application.
• If safety is a concern and cost is a barrier, ask court staff about arranging service.
• Pick a permitted method and note the date and time of delivery.
• Work out the effective service day and the response deadline.
• Have the server complete and swear Form 6B for each party served.
• File Form 6B with the original documents served.

If you are unsure whether service was valid or a deadline has passed, speak with a lawyer. Duty counsel at courthouses can give family law advice and review forms, but cannot represent you in court.

Frequently asked questions