How to Meet Service Requirements in Your Ontario Divorce
Every item that you file with the court must also be “served” on (delivered to) the other party. The same is true for everything the other side files: copies will be served on you. This ensures that both of you are aware of the case you have to meet, and what evidence will be brought. There are very specific rules for how to serve the other party, because the court must ensure that service has taken place.
Once relevant documentation has been filed with the court, it is up to the party filing them to have the other party formally served. Rule 6 sets out the rules of service for all documents, and specifies various methods in which you can serve the other party (mail or courier to the other party’s lawyer, for example). The person who serves the documents must be over 18, and you cannot serve the other party yourself. A process server (a person whose job is to serve documents) is the safest way to ensure timely delivery.
The person who served the documents will have to complete Form 6B: Affidavit of Service, a sworn document outlining:
- What documents have been delivered;
- To whom they were delivered; and
- How they were delivered.
This Affidavit serves as proof for the court that the documents have been served.
If you cannot find the other party, or you know where they are but are unable to serve them for some reason, you can request substitute service, which will allow you to serve the documents on a third party (for example, a relative the other party is staying with) who will be able to deliver them. You will have to fill out a Form 14B: Motion, and request an order for substituted service, under Rule 6(15).
Rule 6(15) sets out what you must show in order to have the court grant your request: You must show the steps that have been taken to locate the person you need to serve (for example, internet searches, email or phone record searches, phoning relatives and friends), and what steps have been taken to serve that person, if you have been able to locate them. Then, you must explain what substitute method of service you are requesting, and why you know that this method of service will likely be successful in getting the documents to the other party.
Service can present various complexities, and ensuring full compliance with service requirements can help you avoid unnecessary pitfalls in your divorce, separation, or other family law matter. Feldstein Family Law Group P.C. provides various levels of legal service to clients across Ontario who are interested in obtaining unbundled or comprehensive legal representation related to their family law cases.
To find out how an Ontario divorce lawyer at our firm can help you, call (905) 581-7222.
Andrew Feldstein Founder
Andrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
Daphna Schwartz Lawyer
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
Anna Troitschanski Lawyer
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, and division of property.
Nick Slinko Lawyer
Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term with the Feldstein Family Law Group, P.C. He became an associate with the firm immediately thereafter.
Veronica Yeung Lawyer
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer.
Veronica attended York University for her undergraduate studies and graduated as a member of the Dean’s Honour Roll when she obtained her Bachelor’s degree in Honours Criminology.
Shana Gordon-Katz Lawyer
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law.
Shana attended the University of Western Ontario for her undergraduate studies, where she graduated as the gold medalist of her program, Honors Specialization in Classical Studies.
Rachel Zweig Lawyer
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Rachel obtained her Bachelor’s Degree at Ryerson University with a major in English Literature.
Lauren Harvey Associate Lawyer
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate.
Prior to completing her legal studies and obtaining her Juris Doctor at the University of Western Ontario, Lauren obtained her Honour’s Bachelor of Arts Degree at Wilfrid Laurier University majoring in Criminology and minoring in Law and Society.
Quinn Held Associate Lawyer
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
Prior to obtaining her Juris Doctor from the University of Windsor, Quinn obtained her Honour’s Bachelor of Arts Degree at the University of Guelph majoring in Criminal Justice and Public Policy and minoring in International Development.