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ARTICLE · 31 JULY 2023

A Lawyer's Office Is Not A Drop Box For Service (Yuk-Shum v. Jiang)

Gardiner Roberts LLP
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Service of an originating process, like a statement of claim, or other court documents is, in general, governed by the Rules of Civil Procedure.

CanadaLitigation, Mediation & Arbitration

Service of an originating process, like a statement of claim, or other court documents is, in general, governed by the Rules of Civil Procedure. The rules prescribe what court documents must be served personally, or if personal service cannot be made, how service can be affected by an alternative to personal service. In circumstances where a party has difficulty serving court documents either personally or by an alternative to personal service, an order can be obtained for substituted service or validating service of a court document.

Some statutes also prescribe for the service or delivery of documents. In defamation law, provincial statutes may prescribe that before an action for libel can be commenced, a plaintiff must deliver a notice of libel to the defendant. These kinds of provisions typically apply to media defendants.

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