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

Version of section 5.05 from 2012-03-01 to 2013-12-31:

  •  (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.

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