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

5.05 (1) Service of a document on the solicitor of record of a party may be made:

• (a) by mailing a copy to the solicitor’s office;

• (b) by leaving a copy with a solicitor or employee in the solicitor’s office;

• (c) by depositing a copy at a document exchange of which the solicitor is a member or subscriber, but service under this clause is effective only if the document or a copy of it and the copy deposited are date stamped by the document exchange in the presence of the person depositing the copy; or,

• (d) by telephone transmission of a facsimile of the document in accordance with subrule (3).

(2) Service of a document by depositing a copy at a document exchange under clause (1)(c) is effective on the day following the day on which it was deposited and date stamped, unless that following day is a holiday, in which case service is effective on the next day that is not a holiday.

(3) A document that is served by telephone transmission shall include a cover page indicating:

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

• (b) the name of the solicitor of record to be served;

• (c) the date and time of transmission;

• (d) the total number of pages transmitted, including the cover page;

• (e) the telephone number from which the document is transmitted; and,

• (f) the name and telephone number of a person to contact in the event of transmission problems.