What Happens If Someone Avoids Being Served in Ontario?
Serving court documents can sometimes be straightforward. Other times, the person you need to serve may not answer the door, refuse to accept the documents, avoid known locations, or appear to be deliberately avoiding service.
So, what happens if someone avoids being served in Ontario?
The answer depends on the type of legal proceeding, the documents involved, the applicable rules, and the circumstances of the attempted service.
A professional process server can help document the attempts and determine the appropriate next steps.
At Quick Serve and File, we provide professional process serving and related legal support services throughout Ontario.
What Does "Avoiding Service" Mean?
Avoiding service may take many forms.
For example, a person may:
Not answer the door
Leave the residence when the process server arrives
Refuse to accept documents
Avoid known locations
Stop responding to calls or messages
Change addresses
Move without providing a forwarding address
Avoid being at home during known service attempts
A failed attempt does not necessarily mean that service cannot ultimately be completed.
The First Attempt Is Not Always the Last Attempt
If the recipient is not available, the process server may document the attempt and determine whether another attempt should be made.
Depending on the circumstances, attempts may occur at different:
Times of day
Days of the week
Locations
Addresses
The appropriate approach depends on the applicable service requirements and the information available about the recipient.
You can learn more about Quick Serve and File's process serving services.
What If the Person Refuses to Accept the Documents?
A recipient may refuse to take physical possession of documents.
However, refusing to accept documents does not automatically mean that service is impossible.
The legal effect of a refusal can depend on the circumstances and the applicable rules. This is one reason detailed documentation of what occurred can be important.
A professional process server can record the circumstances of the attempted service and provide a report to the client.
What If You Do Not Know Where the Person Lives?
This is one of the more difficult situations.
If you do not have a current address, provide the process server with every piece of information you have, such as:
Previous addresses
Employer information
Business address
Telephone number
Email address
Vehicle information
Known associates or locations
Other identifying information
Additional locating or investigative services may be appropriate depending on the circumstances.
Can a Person Simply Refuse Service?
Not necessarily.
The legal requirements for effective service depend on the specific proceeding and applicable rules. The fact that someone does not want to receive court documents does not automatically end the service process.
This is particularly important where a court deadline is approaching.
If you are unsure what is required in your particular case, consider obtaining legal advice regarding the applicable service rules.
What Should a Process Server Record?
A detailed service report may record information such as:
Date and time of each attempt
Address visited
Description of the location
Description of the person encountered
What was said or observed
Whether documents were accepted or refused
Other relevant circumstances
This information can become important if the service is later challenged.
What If Several Attempts Are Unsuccessful?
If several attempts do not result in service, the next step depends on the circumstances.
You may need to:
Confirm the address.
Provide additional information about the recipient.
Consider another time or location.
Determine whether another method of service is permitted.
Consider whether court directions or an order may be necessary.
Do not assume that simply leaving documents somewhere is legally sufficient. The appropriate method depends on the particular case.
Serving Documents Across Ontario
Quick Serve and File provides process-serving assistance in multiple Ontario communities, including:
If you are unsure whether service can be arranged in your area, contact Quick Serve and File with the recipient's location and the documents that need to be served.
Need Help Serving Someone Who Is Difficult to Locate?
Do not wait until the last minute if a court deadline is approaching.
Provide the process server with as much information as possible about the recipient and explain any previous attempts that have already been made.
Request a Quick Quote from Quick Serve and File to discuss your service requirements.
For individuals handling their own legal matters, our Self-Represented Services page provides additional information about obtaining process-serving assistance.
Quick Serve and File — Professional Process Serving and Legal Support Services in Ontario.
This article provides general information only and is not legal advice. The requirements for service vary depending on the type of proceeding, document, court, and applicable rules.