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Old 01-26-2013, 04:25 AM
firhill firhill is offline
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How does the court know that a party was served?


ē The person who serves the party must complete a Form 6B: Affidavit of service and it must be filed with the court.
ē The affidavit of service must be sworn or affirmed before a justice of the peace, lawyer, notary public or someone designated as a commissioner for oaths. Some court staff are able to commission court documents.



RULE 6: 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. O. Reg. 114/99, r. 6 (1).
AGE RESTRICTION
(1.1) No person shall serve a document under these rules unless he or she is at least 18 years of age. O. Reg. 6/10, s. 1.
REGULAR SERVICE
(2) Regular service of a document on a person is carried out by,
(a) mailing a copy to the personís lawyer or, if none, to the person;
(b) sending a copy by courier to the personís lawyer or, if none, to the person;
(c) depositing a copy at a document exchange to which the personís lawyer belongs;
(d) faxing a copy to the personís lawyer or, if none, to the person; or
(e) carrying out special service. O. Reg. 114/99, r. 6 (2).
SPECIAL SERVICE
(3) Special service of a document on a person is carried out by,
(a) leaving a copy,
(i) with the person to be served,
(ii) if the person is or appears to be mentally incapable in respect of an issue in the case, with the person and with the guardian of the personís property or, if none, with the Public Guardian and Trustee,
(iii) if the person is a child, with the child and with the childís lawyer, if any,
(iv) if the person is a corporation, 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, or
(v) if the person is a childrenís aid society, with an officer, director or employee of the society;
(b) leaving a copy with the personís lawyer of record in the case, or with a lawyer who accepts service in writing on a copy of the document;
(c) mailing a copy to the person, together with an acknowledgment of service in the form of a prepaid return postcard (Form 6), all in an envelope that is addressed to the person and has the senderís return address (but service under this clause is not valid unless the return postcard, signed by the person, is filed in the continuing record); or
(d) leaving a copy at the personís 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 to the person at that address. O. Reg. 114/99, r. 6 (3).


RULE 14: MOTIONS FOR TEMPORARY ORDERS


DOCUMENTS FOR A MOTION
(9) A motion, whether made with or without notice,
(a) requires a notice of motion (Form 14) and an affidavit (Form 14A); and
(b) may be supported by additional evidence. O. Reg. 114/99, r. 14 (9).

RESPONSE TO MOTION FORM
(10.1) If a party uses a motion form (Form 14B) and no person served with the motion form serves and files a response within four days after being served, the motion shall be dealt with by the court as an unopposed motion. O. Reg. 383/11, s. 3 (2).
WHERE NO REPLY PERMITTED
(10.2) A party who uses a motion form (Form 14B) and who is served with a response to it may not serve or file a reply. O. Reg. 383/11, s. 3 (2).
MOTION WITH NOTICE
(11) A party making a motion with notice shall,
(a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than four days before the motion date;
(b) file the documents as soon as possible after service, but not later than two days before the motion date; and
(c) file a confirmation (Form 14C) not later than 2 p.m. two days before the motion date. O. Reg. 114/99, r. 14 (11); O. Reg. 202/01, s. 4 (2).
NO LATE DOCUMENTS
(11.1) No documents for use on the motion may be served or filed after 2 p.m. two days before the motion date. O. Reg. 202/01. s. 4 (3).
MOTION WITHOUT NOTICE
(12) A motion may be made without notice if,
(a) the nature or circumstances of the motion make notice unnecessary or not reasonably possible;
(b) there is an immediate danger of a childís removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;
(c) there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences; or
(d) service of a notice of motion would probably have serious consequences. O. Reg. 114/99, r. 14 (12).
FILING FOR MOTION WITHOUT NOTICE
(13) The documents for use on a motion without notice shall be filed on or before the motion date, unless the court orders otherwise. O. Reg. 114/99, r. 14 (13).