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ARTICLE · 15 JANUARY 2026

Service Of Process: More Than A Formality

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Plaintiffs usually start lawsuits by serving the defendant personally with a statement of claim. While personal service is the "gold standard," Ontario's Rules of Civil Procedure permit alternative...

CanadaLitigation, Mediation & Arbitration
Jamie Arabi
Jamie Arabi
Laura Cloutier
Laura Cloutier
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Plaintiffs usually start lawsuits by serving the defendant personally with a statement of claim. While personal service is the "gold standard," Ontario's Rules of Civil Procedure permit alternative methods under certain conditions where personal service is impractical. Those alternatives may be crucial when dealing with an evasive defendant, especially where a limitation period is fast approaching.

In Ampere Metal Finishing Inc v KenzoKai Metal Finishing Inc,1 the court set aside a default judgment and stayed enforcement proceedings against a corporation and its principal based on defective service. The court clarified the requirements for personal service on a corporation and an alternative to personally serving individuals that operates in a similar fashion.

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