Family Law Rule 6 confirms the methods of service to serve documents in family law.
Family Law Rule 6. (1) states:
“Service of documents
Methods of service
6. (1) Service of a document under these rules may be carried out by regular service or by special service in accordance with this rule, unless an Act, rule or order provides otherwise.”[i]
In order to serve a document, the person executing service must be 18 years of age.[ii]
Serve Documents in Family Law – Special Service
Rule 6.(3) confirms that party can carry out special service of a document on a person by leaving a copy of the document with the person to be served.
“leaving a copy of the document at the person’s place of residence, in an envelope addressed to the person, with anyone who appears to be an adult person resident at the same address and, on the same day or on the next, mailing another copy of the document to the person at the same address.”[iii]
Service on Lawyer of Record
If the opposing party has a lawyer of record in the proceedings, the other party can carry out service of the document by leaving a copy of the document with the person’s lawyer of record. The party can also serve the documents on a lawyer who accepts service in writing on behalf of their client on a copy of the document.
Serve Documents on a Corporation
A party can carry out service on a corporation by leaving a copy of the document with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to be managing the place.[iv]
Originating Proceedings – Serve Documents
The parties must serve original documents by “special service.” There are additional considerations when special service is executed. We strongly suggest to retain the services of a lawyer in order to ensure you serve the issued family law forms according to the family law rules.
Serve Documents – Regular Service
Regular service of a document is generally the service of a document that is not a matter originating document, such as a Form 8: Application or Form 15: Motion To Change, for example.
In following with Family Law Rule 6(2) regular service of a document may be carried out by,
(a) “mailing a copy to the person’s lawyer or”, if the person does not have a lawyer, “to the person”;
(b) “sending a copy by same – or next-day courier to the person’s lawyer or”, if the person does not have a lawyer , “to the person”;
(c) “depositing a copy at a document exchange to which the person’s lawyer or”, if the person does not have a lawyer, “the person belongs”;
“(c.1) if the person consents or the court orders, using an electronic document exchange”;
(d) “faxing a copy to the person’s lawyer or”, if the person does not have a lawyer, “to the person; or”
(e) “emailing a copy to the person’s lawyer or”, if the person does not have a lawyer, “to the person, subject to any technical or other requirements that the court may specify.” [v]
Address on Latest Document
A party may carry out a regular service of the document at the address for service the opposing party provided on the latest document in the proceedings .[vi]
Proof of Document Serving
While there are numerous methods through which a party can prove service of a document, usually parties need to fill out the Family Law Form 6: Affidavit of Service.[vii]
Substituted Service
Where a party shows that a method of service other than special service or regular service could reasonably bring the document to the person’s attention, the court may order a “substituted service”.
Family Law Rule (15) States:
“Substituted service
(15) The court may order that a document be served by substituted service, using a method chosen by the court,
if the party making the motion,
(a) provides detailed evidence showing,
(i) what steps have been taken to locate the person to be served, and
(ii) if the person has been located, what steps have been taken to serve the document on that person; and
(b) shows that the method of service could reasonably be expected to bring the document to the person’s attention.”[viii]
Document Service Is Not Required
The court may, on a motion without notice, order that service is not required if the requesting party is unable or would be unable to carry out the substituted service.[ix]
There are additional considerations that courts would take into account when one makes a request to dispense with the service requirement or requesting a substituted service. When dealing with these challenges in the service of a document it is best to retain the services of an experience family law lawyer.
Family Law Rule 6 outlines the proper methods for serving legal documents, a critical step in family law cases. Whether it is special service for originating documents or regular service for other purposes, ensuring compliance is essential. From serving individuals and lawyers of record to handling corporations, each method requires precision. In cases where traditional service is not possible, the court may order substituted service.
Navigating these legal requirements can be complex, but you do not have to do it alone. At Progressive Legal Solutions, our experienced divorce and family lawyers are here to guide you every step of the way. Book a consultation today to get tailored legal advice.
Written By Erick McKinlay
[i] Rule 6(1), Family Law Rules, O. Reg. 114/99
[ii] Rule 6(1.1), Family Law Rules, O. Reg. 114/99
[iii] Rule 6, Family Law Rules, O.Reg. 114/99
[iv] Rule 6(3)(iv), Family Law Rules, O. Reg. 114/99
[v] Rule 6(2), Family Law Rules, O. Reg. 114/99
[vi] Rule 6(5), Family Law Rules, O. Reg. 114/99
[vii] Rule 6(19), Family Law Rules, O. Reg. 114/99
[viii] Rule 6(15), Family Law Rules, O. Reg. 114/99
[ix] Rule 6(16), Family Law Rules, O. Reg. 114/99