To legally start a lawsuit in Ontario, you must personally serve the defendant with a Statement of Claim within six months of the court issuing it. The safest and most professional way to handle this in Mississauga is by hiring a licensed Process Server to ensure the strict Rules of Civil Procedure are followed.
When someone breaches a contract, refuses to pay a debt, or causes you personal injury in Mississauga, taking them to court is often the only way to recover your losses. However, simply filing a Statement of Claim at the A. Grenville and William Davis Courthouse in Brampton does not mean your lawsuit has officially begun.
Under Ontario’s Rules of Civil Procedure, the defendant must be officially notified of the lawsuit so they have a fair opportunity to defend themselves. This notification is called “service.” If you fail to serve the documents correctly, the court will not let your case proceed, and your lawsuit could be entirely dismissed. 🚨
Because serving legal documents can lead to hostile confrontations, it is highly recommended not to do it yourself. A local civil litigation law firm will typically coordinate with a professional Process Server to track down the defendant and deliver the paperwork lawfully.
Step-by-Step Process for Serving a Statement of Claim
Whether you are suing in Small Claims Court (for amounts up to $35,000 CAD) or the Superior Court of Justice (for amounts over $35,000 CAD), the rules for initial service are quite rigid. Here is how the process works in Peel Region. 📍
Step 1: Have the Court Issue the Claim
Before any document can be served, it must be “issued” by the court. Your lawyer will file the drafted Statement of Claim with the court clerk. The clerk will assign a unique court file number, date it, stamp it, and apply the court’s official seal. Only this finalized version can be served.
Step 2: Locate the Defendant
You must know where the defendant lives or works. If the defendant is actively hiding (evading service), your process server or private investigator can perform a “skip trace.” This involves searching public records, credit databases, and MTO records to find their current Mississauga address. 🔍
Step 3: Effect Personal Service
An originating process (like a Statement of Claim) generally requires “personal service.” For an individual, this means handing the document directly to them. If they refuse to take it, dropping it at their feet while explaining what it is is legally sufficient. For a corporation, the document must be left with an officer, director, or someone in charge at their registered head office.
Step 4: Execute an Affidavit of Service
Once the document is delivered, the person who served it (your Process Server) must swear an Affidavit of Service (Form 16B) in front of a Notary Public or Commissioner of Oaths. This document is sworn testimony detailing exactly who was served, at what address, and at what time. 📝
Step 5: File Proof of Service with the Court
Your law firm will file the sworn Affidavit of Service with the court. This proves to the judge that the defendant is aware of the lawsuit. From the date of service, the defendant in Ontario generally has exactly 20 days to file their Statement of Defence.
How Much Does it Cost in Ontario?
Starting a lawsuit involves multiple upfront disbursements. Fortunately, if you win your case, a judge will often order the losing defendant to reimburse you for these reasonable costs. 💵
| Service / Expense | Estimated Cost in CAD | Details |
|---|---|---|
| Court Issuing Fee (Superior Court) | $356 | Provincial fee to issue a standard Statement of Claim. |
| Court Issuing Fee (Small Claims) | $108 | Provincial fee to issue a plaintiff’s claim under $35,000. |
| Professional Process Server | $100 – $300 | Cost per address visited, plus mileage. |
| Skip Tracing (If Missing) | $300 – $600+ | Hiring an investigator to locate an evasive defendant. |
How Long Does the Process Take?
Once your Statement of Claim is issued by an Ontario court, the clock starts ticking. You have exactly 6 months to serve the document on the defendant.
If the defendant is easy to find, a process server can usually complete the job within a few days. If you approach the 6-month deadline and still cannot locate them, your lawyer must apply to the court to renew the Statement of Claim before it expires. 📅
Frequently Asked Questions (FAQ)
What happens if the defendant refuses to open the door?
If the defendant is hiding inside their home and evading service, your lawyer can file a motion for “Substituted Service.” A judge can then grant permission to serve the claim by alternative means, such as leaving it in their mailbox, mailing it, or even sending it via email or social media.
Can I serve a Statement of Claim by email?
Normally, an initial Statement of Claim cannot be served by email unless the defendant’s lawyer agrees in writing to accept service on their behalf, or a judge has specifically granted an order for substituted service via email.
Can I serve the document myself?
Legally, yes, any competent adult can serve a claim. However, it is highly discouraged. Defendants can become aggressive, and if you make a technical error on the Affidavit of Service, your lawsuit could be delayed.
What if the defendant lives outside of Ontario?
If the defendant lives in another Canadian province or internationally, you can still serve them, but specific rules apply depending on whether the contract or injury occurred in Ontario. A lawyer will coordinate with a process server in that specific jurisdiction.
What if I serve them and they ignore it?
If the defendant is properly served and fails to file a Statement of Defence within the required 20 days, your lawyer can note them in default. You can then ask the court to award you a Default Judgment, effectively winning your case.
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