To legally serve a Statement of Claim in Ottawa, Ontario law generally requires “personal service,” meaning the document must be handed directly to the defendant. Most plaintiffs hire a professional Process Server, which typically costs between $100 and $300 CAD, to ensure the rules are followed and to provide a sworn Affidavit of Service to the court.
Starting a lawsuit in Ontario requires more than just filling out paperwork at the courthouse. Once your Statement of Claim is officially issued and stamped by the court clerk, the law places a strict burden on you to prove that the person you are suing (the defendant) actually received the document. 📬 You cannot simply drop it in the mail, send a text message, or slip it under their door. The rules for delivering legal documents are heavily regulated under the Rules of Civil Procedure and the Small Claims Court Rules. If you fail to serve the defendant correctly, your entire lawsuit can be delayed or dismissed. In this guide, we will walk you through the proper methods of serving a Statement of Claim in Ottawa, how to handle evasive defendants, and what it costs to hire a professional to do the job for you.
Step-by-Step Process for Serving a Claim in Ottawa
Whether you are filing a $35,000 action in Small Claims Court or a massive civil lawsuit at the Superior Court of Justice on Elgin Street, the steps for legally delivering the claim are generally the same.
Step 1: Obtaining the Issued Claim
Before you can serve anything, your Statement of Claim must be officially “issued” by the court. This means you have paid the court filing fee (usually $108 CAD for Small Claims), and the clerk has stamped the document with a unique court file number and the official court seal. 📄 You must serve a copy of this specific, stamped document.
Step 2: Choosing Your Method of Service
Ontario law demands “personal service” for an originating process like a Statement of Claim. This means the paper must be handed directly to the defendant. If the defendant is a corporation in Ottawa, you must hand it to an officer, director, or the manager at their place of business. Because this can be confrontational, most people hire a licensed “Process Server”—a professional whose sole job is to track down defendants and hand them legal papers.
Step 3: Executing the Service
The Process Server will visit the defendant’s home in Nepean, Orleans, or wherever they reside. If the defendant refuses to take the document, dropping it at their feet while explaining what it is legally counts as valid personal service. If the defendant is never home, the rules allow for an “alternative to personal service,” where the document can be left with an adult member of the same household, followed by mailing a copy to that exact address on the same day.
Step 4: Swearing the Affidavit of Service
The court will not just take your word that the document was delivered. The person who physically handed the document to the defendant must swear an “Affidavit of Service.” This is a legally binding document sworn before a Commissioner of Oaths, detailing exactly what day, time, and location the defendant was served. This affidavit is then filed with the Ottawa Courthouse to prove the clock has started for the defendant to reply.
How Much Does it Cost in Ottawa?
While you are technically allowed to serve the document yourself (or have a friend over the age of 18 do it), hiring a professional protects your case from technical errors and keeps you away from potentially hostile defendants. 💲
- Professional Process Server: Hiring a local Ottawa process server typically costs between $100 and $300 CAD. This usually includes up to three attempts at the same address and the swearing of the Affidavit of Service.
- Mileage Fees: If the defendant lives in a rural area outside the city centre (like Carp or Richmond), the process server may charge an additional mileage fee of roughly $0.60 to $0.80 CAD per kilometer.
- Skip Tracing (Finding the Defendant): If you do not know where the defendant lives, a process server can perform a “skip trace” using databases to find their current Ottawa address. This usually costs an extra $150 to $400 CAD.
- Commissioner of Oaths: If you serve it yourself, you must pay to swear the Affidavit of Service. A local notary or lawyer will typically charge $20 to $50 CAD for this quick stamp.
| Service Expense | When is it Required? | Estimated Cost (CAD) |
|---|---|---|
| Standard Process Server | Highly recommended for all claims | $100 – $300 |
| Skip Tracing (Finding them) | If the defendant has moved | $150 – $400 |
| Mileage Outside Ottawa | For rural or distant addresses | $0.60 – $0.80 / km |
| Affidavit Commissioning | If you serve the document yourself | $20 – $50 |
How Long Does the Process Take?
Under the Ontario rules, you have exactly six months from the date the Statement of Claim is issued by the courthouse to successfully serve it on the defendant. ⏱ If you cannot find them within those six months, your lawyer can file a motion to ask the court for an extension. Once served, the defendant generally has exactly 20 days to file their formal Statement of Defence.
Frequently Asked Questions (FAQ)
What happens if the defendant refuses to open the door?
If a defendant is actively dodging service, your lawyer or process server can file a motion for “Substituted Service.” This asks an Ottawa judge for permission to serve the document in an alternative way, such as taping it to their front door, mailing it, or even sending it via email or a direct message on social media.
Can I serve the Statement of Claim by registered mail?
No, not initially. A Statement of Claim is an originating process, which generally requires personal service. You cannot use registered mail unless a judge has specifically granted you a court order for Substituted Service allowing you to do so.
Can a friend or family member serve the papers for me?
Yes. Any literate person over the age of 18 who is not directly involved in the lawsuit can physically hand the documents to the defendant. However, they must be willing to go to a Commissioner of Oaths to swear the Affidavit of Service afterward.
If I win the lawsuit, can I get my process server fees back?
Yes! In Ontario, process server fees are considered standard “disbursements.” If you win your case, the judge will typically order the losing defendant to reimburse you for the reasonable costs of hiring the process server and filing the court documents.
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