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Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

Version of section 5.03 from 2012-03-01 to 2013-12-31:

  •  (1) Where these rules or an order of the court permit service by an alternative to personal service, service shall be made in accordance with this rule.

Acceptance of Service by Solicitor
  • (2) Service on a party who has a solicitor may be made by leaving a copy of the document with the solicitor, or an employee in the solicitor’s office, but service under this subrule is effective only if the solicitor endorses on the document or a copy of it an acceptance of service and the date of acceptance.

  • (3) By accepting service the solicitor shall be deemed to represent to the court that the solicitor has the authority of his or her client to accept service.

Service by Mail to Last Known Address
  • (4) Service of a document may be made by sending a copy of the document together with an acknowledgment of receipt card (Form 6) by mail to the last known address of the person to be served, but service by mail under this subrule is effective:

    • (a) only if the acknowledgment of receipt card or a post office receipt bearing a signature that purports to be the signature of the person to be served is received by the sender; and,

    • (b) on the date on which the sender first receives either receipt, signed as provided by clause (a).

Service at Place of Residence
  • (5) Where an attempt is made to effect personal service at a person’s place of residence and for any reason personal service cannot be effected, the document may be served by:

    • (a) leaving a copy, in a sealed envelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household; and,

    • (b) on the same day or the following day mailing another copy of the document to the person at the place of residence,

    and service in this manner is effective on the fifth day after the document is mailed.

Service on a Corporation
  • (6) Where the head office or principal place of business of a corporation cannot be found at the last address recorded with the Ministry of Consumer and Commercial Relations, service may be made on the corporation by mailing a copy of the document to the corporation at that address.

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