I believe she has to be served in person. It can either be very awkward (a professional process server comes up to her when she's dropping off Kid or follows her to her car) or it can be less awkward (she agrees to be at a particular place at a particular time so the documents can be served on her by someone she knows). It's up to her how awkward she wants this to be. Leaving legal documents in her mailbox like flyers from Superstore is not legal service, as far as I know.
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Special Service Rule
There are some documents in a family case, such as an application or a motion to change, that must be served by special service.
Where the special service rules apply, the person required to serve the document must arrange for the service of the document by another person. The party may not serve the document himself or herself.
Other persons who can serve the document include:
A friend or family member; or
A process server.
For information on process servers in your area look in the yellow pages or visit www.canada411.ca and search for “process server”.
Special service of a document requires the person serving the document to serve it by one of the following methods:
Leaving a copy with the person to be served;
Giving a copy of the document to the other person’s lawyer, provided that the lawyer is willing to write on a copy of the document served that he or she accepts the document for the other person;
Mailing a copy of the document with Form 6: Acknowledgement of Service that the person served with the document must complete and return to you; or
Giving a copy of the documents, in an envelope addressed to the person, to an adult who lives at the address of the person to be served and then mail a second copy to the address that day or the next.
If you fear for your safety or the safety or any friend or family member who could serve the documents, you may ask one of the court staff to arrange to have your documents served for you.
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Leave a copy in her box, use a process server, send it to her by registered mail, email it to her, send it to her facebook account as an attachment.
The best idea I was given by a former process server is to have someone she doesn't know show up at her door with a pizza (documents underneath) and when she opens the door to say she didn't order pizza, hand her the documents. If she refuses to take them, they are allowed to drop it at her feet!
Her stalling will bite her in the butt and give the judge a good idea of how she operates.
Attend the first court appearance date and if she doesn't show up get permission from the judge to file any materials electronically so this B.S. stops now!!
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What a game. Leave it in my mailbox. Let's see what her intentions are
He could put it in my mailbox and I could claim I never got it or that it was improper service
He could serve me and I could complain he doesn't trust me and wouldn't leave it in the mail. And he went to court when I wanted to resolve this civilly.
Or
She just wants to keep buying time.
Hmm. I think I would hire a process server. If that proves to be difficult then you can ask the judge for permission for alternative service.
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She has until midnight man! Quit rushing her!!
All joking aside, she probably wont say anything and just respond to your filing. Unless she decides that she will reject the filing since it was done "improperly" even though she avoided being served.
All of her behaviours (including the psychological crap with d5) are huge indicators of her intentions--> no desire to work or pay off set!
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As stated by Justice Pazaratz in Jackson v. Mayerle, 2016 ONSC 72 (CanLII), at para. 715:
“Parents are required to act responsibly when making financial decisions that may affect the level of child support available. They must not arrange their financial affairs so as to prefer their own interests over those of their children”.
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Delay delay delay..
Here's what ex responded:
I just wanted to let you know that I underestimated the amount of time I would need to get all the necessary information I need to make my final decision. As soon as I get all my info I will make sure to get back to you so that we can discuss where we go from here.
Thanks.
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Originally posted by arabian View Postdid he serve her?
I still haven't had 2 seconds to run to court and get the affidavit of service and originals filed .. will have to do that this week.
So what is it that she needs to do to "cover all bases"? What info does she need to seek? (How to find a job?) She's lawyering up again? Surely this wait time is just her seeing what all her eligibilities for free services are again.
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Her response makes no sense whatsoever. Another delay tactic or shes waiting to see if she can get another legal aid certificate. Nothing in her response or behaviour demonstrates her willingness to settle this outside of court. You need to stop waiting for her to play nice or read into her statements and just prepare yourself for court. What little time you have you should be using to do research and prep how you will approach this.
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