Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-03-2012, 01:33 PM
billm's Avatar
Senior Member
 
Join Date: Sep 2008
Posts: 2,430
billm is on a distinguished road
Default Can I serve my ex when they have a lawyer

I filed my Form 10 reply, and served my ex.

She has a lawyer, but I served the document to her.

Is that valid?
Reply With Quote
  #2 (permalink)  
Old 01-03-2012, 02:07 PM
NBDad's Avatar
Senior Member
 
Join Date: Dec 2009
Location: New Brunswick
Posts: 2,734
NBDad is on a distinguished road
Default

Perfectly legit yes. Some lawyers will not accept service. I am assuming you used a R3 letter of some sort or had a process server handle it?
Reply With Quote
  #3 (permalink)  
Old 01-03-2012, 02:22 PM
Senior Member
 
Join Date: Apr 2009
Location: Southern Ontario
Posts: 256
limer is on a distinguished road
Send a message via MSN to limer
Default

What exactly is an R3 letter? I've seen it posted several times....
Reply With Quote
  #4 (permalink)  
Old 01-03-2012, 02:34 PM
Gary M's Avatar
Senior Member
 
Join Date: Sep 2010
Location: Kanata
Posts: 703
Gary M is on a distinguished road
Default

Return Receipt Requested/Required

Basically, they have to sign for it so delivery can be proven.

Cheers!

Gary
Reply With Quote
  #5 (permalink)  
Old 01-03-2012, 02:59 PM
billm's Avatar
Senior Member
 
Join Date: Sep 2008
Posts: 2,430
billm is on a distinguished road
Default

I handed it to her (we generally get along fine), and told her to give it to her lawyer. I did not get a receipt from her. I filed my affidavit of service with the court (along with my Reply form 10).

Today (about a month later), she text me and said her lawyer said I am in contempt of court for not serving her lawyer and that self representing was not working for me. She said she did not give it to her lawyer or tell her about it (no wonder I didn't get a reply). Reality check - I can serve her, I did it properly, and given that I don't even have to do a form 10 response, being in 'contempt of court' is nonsense - seems like having a lawyer is not working for her

Last edited by billm; 01-03-2012 at 03:03 PM.
Reply With Quote
  #6 (permalink)  
Old 01-03-2012, 03:08 PM
billm's Avatar
Senior Member
 
Join Date: Sep 2008
Posts: 2,430
billm is on a distinguished road
Default

So given that my ex did not reply with a form 10A to my reply form 10 within 10 days (because her lawyer was unaware of my form 10 that I served to my ex), what are the ramifications for her?

Is a 10A reply important?

Can they file one now even though we have a case conference next week and it is past the 10 day timeline?
Reply With Quote
  #7 (permalink)  
Old 01-03-2012, 03:29 PM
Senior Member
 
Join Date: Mar 2011
Posts: 1,656
WorkingDAD is on a distinguished road
Default

Quote:
Originally Posted by NBDad View Post
Perfectly legit yes. Some lawyers will not accept service. I am assuming you used a R3 letter of some sort or had a process server handle it?
well
from what I know if other party has a lawyer you have to serve lawyer unless special service required (fro example for contempt motion)
Reply With Quote
  #8 (permalink)  
Old 01-03-2012, 04:08 PM
Senior Member
 
Join Date: Mar 2009
Posts: 228
first timer is on a distinguished road
Default

Hope this helps:

TIPS ON SERVING DOCUMENTS

http://www.ontariocourtforms.on.ca/f...t-EN-Mar10.pdf


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 person’s lawyer or, if none, to the person;

(b) sending a copy by courier to the person’s lawyer or, if none, to the person;

(c) depositing a copy at a document exchange to which the person’s lawyer belongs;

(d) faxing a copy to the person’s 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 person’s property or, if none, with the Public Guardian and Trustee,

(iii) if the person is a child, with the child and with the child’s 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 children’s aid society, with an officer, director or employee of the society;

(b) leaving a copy with the person’s 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 sender’s 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 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 to the person at that address. O. Reg. 114/99, r. 6 (3).

SPECIAL SERVICE — DOCUMENTS THAT COULD LEAD TO IMPRISONMENT

(4) Special service of the following documents shall be carried out only by a method set out in subclause (3) (a), unless the court orders otherwise:

1. A notice of contempt motion.

2. A summons to witness.

3. A notice of motion or notice of default hearing in which the person to be served faces a possibility of imprisonment. O. Reg. 114/99, r. 6 (4).

SPECIAL SERVICE — RESTRICTION ON WHO MAY SERVE

(4.1) Subject to subrule (4.2), special service of the following documents shall be carried out by a person other than the party required to serve the document:

1. An application (Form 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1, 34L or 34N).

2. A motion to change (Form 15) and change information form (Form 15A) or affidavit permitted under subrule 15 (22), with required attachments.

3. A document listed in subrule (4). O. Reg. 6/10, s. 1.

EXCEPTIONS

(4.2) Subrule (4.1) does not apply if,

(a) the party required to serve the document or the person being served is a person referred to in clause 8 (6) (c) (officials, agencies, etc.); or

(b) the court orders otherwise. O. Reg. 6/10, s. 1.

REGULAR SERVICE AT ADDRESS ON LATEST DOCUMENT

(5) Regular service may be carried out at the address for service shown on the latest document filed by the person to be served. O. Reg. 114/99, r. 6 (5).

NOTICE OF ADDRESS CHANGE

(6) A party whose address for service changes shall immediately serve notice of the change on the other parties and file it. O. Reg. 114/99, r. 6 (6).

SERVICE OUTSIDE BUSINESS HOURS

(7) If a document is served by any method after 4 p.m. on a day when court offices are open or at any time on a day when they are not open, service is effective on the next day when they are open. O. Reg. 114/99, r. 6 (7).

HOURS OF FAX SERVICE

(8) Service of a document by fax may be carried out only before 4 p.m. on a day when court offices are open, unless the parties consent or the court orders otherwise. O. Reg. 114/99, r. 6 (8).

EFFECTIVE DATE, SERVICE BY MAIL

(9) Service of a document by mail is effective on the fifth day after it was mailed. O. Reg. 114/99, r. 6 (9).

EFFECTIVE DATE, SERVICE BY COURIER

(10) Service of a document by courier is effective on the day after the courier picks it up. O. Reg. 114/99, r. 6 (10).

EFFECTIVE DATE, SERVICE BY DOCUMENT EXCHANGE

(11) Service by deposit at a document exchange is effective only if the copy deposited and an additional copy of the document are date-stamped by the document exchange in the presence of the person depositing the copy, and then service is effective on the day after the date on the stamp. O. Reg. 114/99, r. 6 (11).

INFORMATION TO BE INCLUDED WITH DOCUMENT SERVED BY FAX

(12) A document that is served by fax shall show, on its first page,

(a) the sender’s name, address, telephone number and fax number;

(b) the name of the person or lawyer to be served;

(c) the date and time of the fax;

(d) the total number of pages faxed; and

(e) the name and telephone number of a person to contact in case of transmission difficulties. O. Reg. 114/99, r. 6 (12).

MAXIMUM LENGTH OF DOCUMENT THAT MAY BE FAXED

(13) Service of a document or documents relating to a single step in a case may be carried out by fax only if the total number of pages (including any cover page or back sheet) is not more than 16, unless the parties consent in advance or the court orders otherwise. O. Reg. 114/99, r. 6 (13).

DOCUMENTS THAT MAY NOT BE FAXED

(14) A trial record, appeal record, factum or book of authorities may not be served by fax at any time unless the person to be served consents in advance. O. Reg. 114/99, r. 6 (14).

SUBSTITUTED SERVICE

(15) The court may, on motion without notice, 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. O. Reg. 114/99, r. 6 (15).

SERVICE NOT REQUIRED

(16) The court may, on motion without notice, order that service is not required if,

(a) reasonable efforts to locate the person to be served have not been or would not be successful; and

(b) there is no method of substituted service that could reasonably be expected to bring the document to the person’s attention. O. Reg. 114/99, r. 6 (16).

SERVICE BY ADVERTISEMENT

(17) If the court orders service by advertisement, Form 6A shall be used. O. Reg. 114/99, r. 6 (17).

APPROVING IRREGULAR SERVICE

(18) When a document has been served by a method not allowed by these rules or by an order, the court may make an order approving the service if the document,

(a) came to the attention of the person to be served; or

(b) would have come to the person’s attention if the person had not been evading service. O. Reg. 114/99, r. 6 (18).

PROOF OF SERVICE

(19) Service of a document may be proved by,

(a) an acceptance or admission of service, written by the person to be served or the person’s lawyer;

(b) an affidavit of service (Form 6B);

(c) the return postcard mentioned in clause (3) (c); or

(d) the date stamp on a copy of the document served by deposit at a document exchange. O. Reg. 114/99, r. 6 (19).

http://www.e-laws.gov.on.ca/html/reg...s_990114_e.htm

Last edited by first timer; 01-03-2012 at 04:11 PM.
Reply With Quote
  #9 (permalink)  
Old 01-03-2012, 10:59 PM
Senior Member
 
Join Date: Feb 2007
Posts: 109
SillyMe is on a distinguished road
Default

WTF billm...2008 and your still filing FL documents. Thats depressing...

If you have any of that conversation between you & your ex...attach it to the affidavit of service
Reply With Quote
  #10 (permalink)  
Old 01-04-2012, 12:12 AM
billm's Avatar
Senior Member
 
Join Date: Sep 2008
Posts: 2,430
billm is on a distinguished road
Default

Quote:
Originally Posted by SillyMe View Post
WTF billm...2008 and your still filing FL documents. Thats depressing...

If you have any of that conversation between you & your ex...attach it to the affidavit of service
I thought everything was settled, and we have never been to court - over four years separated, and I was served with a court application that opened everything - don't understand it, but at least the train is moving toward final divorce.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Can my lawyer berate me? Holly Divorce & Family Law 8 07-11-2012 12:35 PM
Ex's lawyer not signing off on Sep Agmt shellshocked22 Divorce & Family Law 5 12-05-2011 12:33 PM
Ditching Lawyer to Represent Myself Rhonda&Kids Divorce & Family Law 8 02-28-2010 12:33 PM
Lawyer out of town? What to do? Edward Divorce & Family Law 2 10-20-2009 08:46 AM
Sounds like my lawyer is gonna bail on me... sasha1 Divorce & Family Law 26 01-18-2006 06:13 PM


All times are GMT -4. The time now is 10:30 AM.