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

Version of section 5.05 from 2014-01-01 to 2019-09-18:

  •  (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 paragraph 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;

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

    • (e) by emailing a copy to the solicitor’s office in accordance with subrule (4).

  • (2) Service of a document by depositing a copy at a document exchange under paragraph (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.

  • (4) Service of a document in accordance with paragraph (1)(e) is effective only if:

    • (a) the email message includes

      • (i) the sender’s name, address, telephone number, fax number and email address;

      • (ii) the date and time of transmission; and

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

    • (b) the solicitor of record provides an acceptance of service by email and confirms the date of the acceptance. If the email acceptance is received between 4 p.m. and midnight, service is deemed to have been made on the following day.

  • SI/2014-5, ss. 4, 33(E)

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