You are here because you are wondering who can serve legal documents in Toronto? In a few paragraphs you will come to know the answer to this question. First let us understand the basics of Process Serving.
Who can serve legal documents in Toronto?
Before we look into who can serve legal documents in Toronto or anywhere in Canada. It is important to first understand the basics of Process Serving such as Who a Process Server is and the importance of Process serving in Canada.
Who is a process server?
A process server is either an individual, a legal officer, a court official, or a firm assigned to deliver legal documents to a person who has had legal action taken against them. A process server carries out a variety of tasks pertaining to legal document retrieval, court paper filing and of course, process service.
After they have done the deed of serving legal documents, process servers have to make sure that they deliver evidence that the papers actually have been served to the right person, through a filing addressed to the court referred to as “Affidavit of Services”.
The importance of process serving
Through process serving, it can be ensured that due law is methodically practiced in Canada and the US. Professionally trained individuals or services can also be trusted to serve time-sensitive legal documents to the expected recipients efficiently and promptly. If the recipient attempts to escape the papers, the process servers can either track them down or adopt alternative methods to get through to them.
Eligibility to serve legal documents
In many cities, Toronto, ON included, anyone involved in an ongoing case is not allowed to serve legal papers, for example, a summons, a writ, a legal document, or a motion, unless a judge says it is alright to do so. This can point to the risk of a claimant making false claims of having served the documents to the respondent.
This is due to the fact that if a defendant refuses or fails to respond to served court documents, and evades them (meaning you will have to hire the service of a skip tracer in this case), they can risk losing the case opened against them. So, no matter what the method of service is, it must be confirmed by a third party with no connection with the case.
Service of process documents can be handled by:
- A professional process server (either private or a service)
- Anyone who is at a legal age i.e. 18 and above, whether it be a relative, friend, or a trusted co-worker
- A county sheriff
What happens if legal papers are not delivered properly
When a person is assigned this very duty, whether it is a trained professional or a relative, it is important to note that if legal papers are not delivered properly according to what the law has established, the papers may not count. For instance, if by any chance the legal papers are not served, the court may discredit the opposition papers.
If the legal papers with the intention to start a case are not delivered correctly, the defendant can notify this to the court on the court date, as a defense to the case. The defendant then can request the court to terminate the case. And finally, if the judge decides that the service is bad then the case is over. However, the claimant can re initiate the case, but it would be far more convenient for them to be wary of making such mistakes instead of having to start over again.
If you have any questions regarding process serving in Toronto or the whole of Canada. There is a resourceful site for all things process serving. You will find many Process Serving FAQs there.
