To properly serve a family business or holding company in an Ontario family law case, you must leave the court documents with a director, officer, or manager at the corporation’s registered head office. You will then file a Form 6B Affidavit of Service with the Superior Court of Justice.
High net worth divorces often involve far more than just dividing a house and a joint bank account. In cities like Mississauga, Markham, and Vaughan, many spouses operate successful family businesses or hold significant wealth inside a private holding company. 💼 When a marriage breaks down, it is common for a spouse to attempt to hide assets, siphon money, or shield real estate by burying it within a corporate structure. To prevent this, your family law firm may advise you to formally add the corporation itself as a “party” to your family court proceeding.
However, you cannot just hand divorce papers to a corporation the same way you hand them to a person. A corporation is an artificial legal entity. Under Rule 8 of the Ontario Family Law Rules, there are incredibly strict procedures for serving legal documents on a business. 📌 Failing to follow these rules exactly means the corporation can legally ignore your court dates, allowing your ex-partner to continue moving assets without consequence. Properly executing corporate service ensures the company is bound by the court’s financial restraining orders.
Step-by-Step Process in Ontario
Serving a corporation requires research and precision. Here is the step-by-step process used by Ontario legal professionals to ensure a business is properly served. 📝
Step 1: Conduct a Corporate Profile Search
Before you serve anyone, you must know exactly who is in charge and where the business officially lives. Your lawyer or a search house will pull a Corporate Profile Report from the Ontario Ministry of Public and Business Service Delivery. 🔍 This report reveals the corporation’s legal name, its registered head office address, and a list of all active directors and officers. You cannot rely on a generic storefront address if their registered head office is somewhere else.
Step 2: Prepare the Documents (Form 8A or Motion)
Ensure your court documents correctly name the corporation. For example, the Respondent block will list “John Doe AND 1234567 Ontario Inc.” 🤖 The documents must clearly outline what relief you are seeking against the company, such as freezing its bank accounts or demanding a full valuation of its shares.
Step 3: Identify the Proper Person to Accept Service
You cannot just hand a multi-million dollar lawsuit to a part-time cashier. Under the Family Law Rules, personal service on a corporation is achieved by leaving a copy of the document with an officer, a director, or an agent of the corporation. 👤 Alternatively, it can be left with a person who appears to be in charge of a place of business at the corporation’s registered office.
Step 4: Execute the Drop
It is highly recommended to hire a professional process server for this step. The server will attend the registered address, ask for a director or the manager in charge, and hand them the envelope. 📩 If the registered address is a lawyer’s office or an accounting firm (which is very common for holding companies), the process server will leave it with the receptionist or the corporate lawyer acting as the registered agent.
Step 5: File a Sworn Affidavit of Service
To prove to the judge that the corporation was properly notified, the process server will draft a Form 6B (Affidavit of Service). This sworn document details the exact date, time, and name of the individual who accepted the papers on behalf of the corporation. 💵 This affidavit is then filed with the Superior Court of Justice, officially looping the business into your divorce.
How Much Does it Cost in Ontario?
Piercing the corporate veil and serving businesses adds administrative costs to your case. 💲
| Service Required | Estimated Cost (CAD) |
|---|---|
| Corporate Profile Search | $30 to $80 per corporation |
| Professional Process Server | $150 to $350 per address attempt |
| Lawyer Strategy & Drafting | Adding a corporate party can add $2,000 to $5,000+ to legal fees |
How Long Does the Process Take?
Serving a business is usually faster than serving an evasive individual. 🕙
- Corporate Search: Can be completed online in 1 to 2 days.
- Executing Service: Once the address is confirmed, a process server can usually execute the drop within 3 to 7 days.
- Filing Proof: The sworn Form 6B is usually returned to your lawyer and filed with the court within 1 week of service.
Frequently Asked Questions (FAQ)
Can I just email the court documents to the company’s general inbox?
No. Initial originating documents (like an Application to start a case) must be served personally. You cannot use email unless the corporation’s lawyer explicitly agrees in writing to accept service by email on the corporation’s behalf.
What if the registered address is a P.O. Box?
Ontario corporate law requires businesses to maintain a physical registered address, not just a P.O. Box. However, if the address is a virtual office or a mailbox rental store, your lawyer may need to bring a motion for “Substituted Service” to allow you to serve them via an alternate method.
What if my spouse is the sole director and refuses to take the papers?
If the process server confirms the spouse’s identity, tells them what the documents are, and the spouse refuses to take them, the server can simply drop the documents at their feet. In Ontario law, this constitutes valid personal service.
Can I serve the corporation’s accountant?
If the accountant’s office is listed as the corporation’s official registered head office on the Corporate Profile Report, then yes, leaving it with the accountant or their receptionist is legally valid. If the accountant is just a third-party service provider at a different address, it may not be valid.
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