In legal proceedings, proper service of court documents is a crucial step that cannot be overlooked. But what happens when the intended recipient—the defendant—cannot be found? This situation is more common than you might expect, especially in family law disputes, debt collection, and civil litigation. If you can’t find a defendant in Ontario, there are legal alternatives that still allow the process to move forward. From skip tracing legal methods to alternative service options, this guide breaks down your next steps and how a professional process server can help you navigate the challenge.
Why Locating the Defendant Matters in Ontario
In Ontario’s legal system, service of process is a fundamental principle. The Rules of Civil Procedure require that all parties in a lawsuit be formally notified of the legal action against them. Without this notice, the court cannot proceed, and your case may be dismissed.
If you can’t find the defendant in Ontario, your case won’t move forward unless you can prove to the court that:
- You’ve made reasonable efforts to locate them
- You’ve attempted multiple service methods
- You’ve pursued legal alternatives like skip tracing or substitutional service
Common Reasons Defendants Go Missing
A defendant may be hard to find for several reasons:
- They’ve changed their address without updating official records
- They’re avoiding legal action deliberately
- They’ve moved to another province or country
- They have no fixed address (e.g., transient individuals)
- The information provided about them is outdated or incorrect
This is where Select Serve and File Process Server Inc. comes in, offering powerful tools like skip tracing and court-approved alternative service methods to keep your case moving.
What Is Skip Tracing and How Does It Help?
Skip tracing is the process of locating a person who has “skipped” town or become unreachable. It’s a legal investigation technique often used by private investigators and professional process servers in Ontario.
What It Includes:
- Accessing public and private databases
- Cross-referencing addresses, phone numbers, and employment records
- Using social media analysis
- Contacting known associates or family (within legal limits)
A certified provider like Select Serve and File Process Server Inc. can carry out skip tracing legal services ethically and efficiently, greatly increasing the chance of locating the defendant in time.
Alternative Service Options in Ontario
If skip tracing fails or if the defendant is confirmed to be avoiding service, Ontario law provides for alternative service methods. This must be approved by the court via a motion.
1. Substitutional Service
You ask the court for permission to serve someone close to the defendant (e.g., a family member or employer) or by another method that is reasonably likely to inform the defendant of the proceedings.
2. Service by Posting
A court might allow you to post the documents at the last known address or on the defendant’s door.
3. Service by Email or Social Media
With evidence that the defendant actively uses a certain email or social media platform, the court might allow digital service.
4. Newspaper Publication
In rare cases, especially when the defendant’s whereabouts are completely unknown, the court may allow you to publish a legal notice in a local or national newspaper.
These methods are only valid if approved by a judge. The motion must be supported with evidence of your attempts to serve and a detailed affidavit of service, which Select Serve and File Process Server Inc. can prepare on your behalf.
What Courts Expect Before Granting Alternative Service
Courts in Ontario don’t grant alternative service lightly. You must show:
- Multiple failed attempts at personal service
- Proof of due diligence (e.g., through skip tracing efforts)
- A proposed method that will reasonably notify the defendant
That’s why working with a certified and experienced company like Select Serve and File Process Server Inc. is essential—they handle the legal legwork and ensure the court receives proper documentation.
Why You Need a Professional Process Server in Ontario
Navigating legal service on a missing defendant is not something most people can do alone. A professional process server provides:
- Proper documentation: Court-ready affidavits showing attempts at service.
- Legal guidance: Advice on which alternative methods are most likely to be accepted by the court.
- Evidence collection: Screenshots, photos, and tracking reports proving attempted delivery.
- Time efficiency: Experts work quickly to keep your case within court timelines.
Select Serve and File Process Server Inc. specializes in these high-stakes situations, offering both skip tracing legal services and motion support for alternative delivery options.
What You Should Do if the Defendant Can’t Be Found
Step-by-Step Process:
- Hire a Professional Process Server
Contact a trusted company like Select Serve and File Process Server Inc. for initial delivery attempts. - Attempt Skip Tracing
Let the professionals try to locate the individual using advanced tools and resources. - Document Every Step
Keep records of every attempt, no matter how small. These are essential for court approval of alternative service. - Apply for Alternative Service
Work with your process server or legal counsel to draft a motion for substitutional or digital service. - Follow Court Orders Carefully
Once granted, execute the service exactly as instructed by the judge. - File Affidavits
Submit proper affidavits to confirm service was completed in accordance with the court’s direction.
Why Select Serve and File Process Server Inc. Is the Right Choice
For cases where you can’t find a defendant in Ontario, Select Serve and File Process Server Inc. offers a one-stop solution:
- Advanced Skip Tracing
- Multiple Service Attempts
- Emergency and Same-Day Services
- Full Court Compliance
- Preparation of Affidavits
- Support with Alternative Service Motions
They are not just a delivery service; they are legal logistics specialists trusted across Toronto, Brampton, Vaughan, Mississauga, and the entire GTA.
Take Action Now
Don’t let a missing defendant derail your case. The longer you wait, the greater the legal risk. Reach out to Select Serve and File Process Server Inc. today and take the first step toward resolving your legal matter.
Whether it’s tracking down evasive individuals or executing alternative service, their experienced team will guide you through the process—efficiently and lawfully.