Simplifying Service In Ontario Civil Litigation: What's Changing, Why It Matters, And How To Prepare

Introduction

Ontario's Civil Rules Reform Final Policy Report proposes practical updates to how parties serve documents so cases move faster and cost less. The "Methods of Service" section focuses on stopping service games, embracing email for service of originating process within Canada, setting expectations for lawyers involved before a claim is issued, and tidying up proof-of-service problems. Below, we explain the core changes and what they mean for your files.

A Duty to Prevent Unnecessary Expense and Delay Related to Service

The Final Policy Report proposes an express duty on defendants not to evade service. If a defendant breaches this duty, the court may order them to pay the higher of the claimant's actual service costs or $2,500. This cost remedy would be available the first time the claimant is before the court on other relief, so parties cannot bring a stand‑alone attendance just for service costs.