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Service

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.

Substitute Service

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.

Meet Our Dedicated Team of Lawyers

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    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.

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    Deleta Grandy

    Lawyer

    Deleta Grandy obtained her Bachelor of Arts in Legal Studies at the University of Ontario Institute of Technology in 2012, where she graduated with Honours. She completed her legal studies at Western Law School, graduating with a Juris Doctor in 2016.

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    Jeff Hart

    Lawyer

    Jeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s.

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    Daphna Schwartz

    Lawyer

    Location: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ...
  • Nick  Slinko Photo
    Nick Slinko

    Lawyer

    Location: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ...
  • Anna  Troitschanski Photo
    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.
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    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.

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    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.

  • Shazia  Hafiji Photo
    Shazia Hafiji

    Lawyer

    Shazia Hafiji joined Feldstein Family Law Group P.C. as a summer student in 2016 and returned as an articling student in 2017. Following her Call to the Ontario Bar in 2018, Shazia returned to the firm as an associate lawyer.

  • Lucy  D'Ercole Photo
    Lucy D'Ercole

    Lawyer

    Lucy D’Ercole joined Feldstein Family Law Group P.C. as a summer student in 2017 and returned as an articling student in 2018, during which she gained valuable experience in all areas of family law. Following her call to the Ontario Bar in 2019, Lucy was welcomed back to the firm as an associate lawyer.
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    Joy Pura

    Lawyer

    Joy Pura completed her legal studies and obtained a Juris Doctor at the University of Ottawa. Prior to that, she completed ...
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