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  • time line when service is by email?

    If service is by email would it be instantly considered served the minute you hit send? Or is it the next day any idea?

    I have to serve a contempt motion. The hearing is Jan 22nd, but due to the applicant not showing up for the last motion, and never filing anything over the last 2 years the judge said that they will be looking at custody and residency at next contempt hearing. She wanted to give the applicant ample time so that she couldn't get an adjournment. So she ordered it be served by January 8th.

  • #2
    My recollection is you cannot serve someone by email. You must serve them in personally, or by process server or fax. You would then prepare your affidavit of service.

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    • #3
      If you just sending it regular mail it's considered served the fifth day AFTER it was mailed. If via courier, it's considered served the day after the courier picks it up.

      Courts of Justice Act - O. Reg. 114/99

      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).

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      • #4
        We have a specific order from a judge to do it by email.

        It is for this contempt motion only.
        Last edited by Dadx5; 12-16-2014, 04:17 PM.

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        • #5
          Originally posted by Dadx5 View Post
          We have a specific order from a judge to do it by email.

          It is for this contempt motion only.
          A specific order, to serve motions/documents via email? That would be weird and new to me, as it doesn't follow the court rules.

          Are you confusing a specific order, for general communication between you and the ex, to be by email only? My guess, would be the latter.

          See this:
          Courts of Justice Act - O. Reg. 114/99

          See, RULE 6: SERVICE OF DOCUMENTS.

          Since you are speaking to serving a contempt motion, that would have to be by "special service", since it's contempt.

          I would double-check the "email order", as that seems odd.

          I would do both, (email, and proper special service), to cover my bases.
          Last edited by dad2bandm; 12-16-2014, 04:33 PM. Reason: Finished thought.

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          • #6
            No this is specifically for this upcoming contempt motion.

            We asked her if there was a possibility of us serving her by any means other then personally as there has been issues. The judge told us that she would allow for this time only email service of the motion but she wanted us to do it by the 8th instead of the following week to ensure that she has ample time.

            She asked again what was the email that we use to communicate, she said she doesn't want it to be a habit because she wants that saved for communication.

            The order states "The respondent may serve the applicant by email to the address *******. Respondent must serve the applicant by January 8, 2015. Service by email is for this service only."

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            • #7
              Originally posted by Dadx5 View Post
              ...No this is specifically for this upcoming contempt motion...
              Huh. That's new to me.


              Originally posted by Dadx5 View Post
              ...The order states "The respondent may serve the applicant by email to the address *******. Respondent must serve the applicant by January 8, 2015. Service by email is for this service only."

              I'm curious too now, as it's not covered in the service rules.
              Maybe it would be good, to get clarification from the court house itself, or a court clerk?

              I wonder if OrleansLawer has encountered this before. Maybe he'll stumble across your thread.

              With such a short timeframe, isn't your contempt motion pretty much finalized or ready to serve before this time? Are you anticipating that the day of, or next day, will actually be an issue in getting it served?
              Last edited by dad2bandm; 12-16-2014, 04:45 PM. Reason: Finished thought...

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              • #8
                So send the email January 5, it is business day and solves your issue of when service would be deemed.

                If you plan on sending notice on the 8th, which is common practice but overall bad form, I see your dilemma. So just send notice well ahead of time, look like the reasonable party and not have to worry about the timing issue.

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                • #9
                  OP, this sounds strange. I would triple check and if you can, stick to FLR regarding service. This way you can't go wrong.

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                  • #10
                    With the holidays we are waiting for a letter from the Aboriginal advocate. She is trying to get it to us before the holidays if so we can serve it sooner, however if she isn't able to she won't be back in the office until the 6th.

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                    • #11
                      Originally posted by Dadx5 View Post
                      With the holidays we are waiting for a letter from the Aboriginal advocate. She is trying to get it to us before the holidays if so we can serve it sooner, however if she isn't able to she won't be back in the office until the 6th.
                      Then pick it up from her office on the 6th, scan the letter and email your documents to your ex that day. It may be tight, and a bit to do in a day. But it is definitely possible.

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                      • #12
                        I have to serve a contempt motion.
                        Ordinarily, a contempt motion must be served personally.

                        We have a specific order from a judge to do it by email.
                        A judge has allowed substituted service. Be certain to follow what the Order says.

                        If service is by email would it be instantly considered served the minute you hit send? Or is it the next day any idea?
                        As a general principle, service is effected when the person receives it. Thus, for example, couriers are deemed to serve documents the day after they are picked up (for same day service).

                        For a contempt motion, you may wish to serve as soon as possible, particularly with substituted service. I doubt you would want the other party to show up at court (either day of, or later to appeal) saying they received the documents too late when they could have received them from you sooner.

                        "The respondent may serve the applicant by email to the address *******. Respondent must serve the applicant by January 8, 2015. Service by email is for this service only."
                        Why not serve her as soon as you have the motion materials ready?

                        Comment

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