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 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)
- Date modified: