Top 10 Mistakes People Make When Serving Documents in Ontario

Properly serving documents Ontario is essential to the legal process. Whether dealing with civil claims, family matters, Small Claims Court, corporate litigation, or Landlord–Tenant Board files, the rules around service are strict. Even small mistakes can cause filings to be rejected, hearings to be adjourned, or entire cases to be delayed.

At Select Serve and File Process Server Inc., we assist thousands of clients every year with serving documents Ontario, court filing, skip tracing, document retrieval, and rush services. Our trained process servers understand the legal requirements and the real-world challenges involved in service across Ontario.

This guide outlines the 10 most common mistakes people make when serving documents in Ontario, along with solutions based on professional, courtroom-tested experience.

Mistake #1: Using Incorrect or Non-Approved Methods of Service

Ontario has strict rules about how documents must be delivered. Many self-represented litigants attempt service by:

• Leaving documents with a child
• Giving documents to a neighbour
• Sending documents by email without consent
• Leaving documents in a lobby or common area

These are usually not valid for serving documents Ontario.

Correct Approach

Use a method approved under:

• Rules of Civil Procedure
• Family Law Rules
• Small Claims Rules
• Residential Tenancies Act

Professional process servers know which method applies to each document type.

Mistake #2: Not Making Enough Attempts

Courts expect reasonable efforts before moving to substituted or alternative service.

Common errors include:

• Making only one attempt
• Serving only during business hours
• Not attempting weekends
• Failing to try alternate access points

Correct Approach

A professional serving documents Ontario typically makes:

• Morning attempts
• Evening attempts
• Weekend attempts
• Workplace attempts (if allowed)

Detailed logs support motions for alternative service.

Mistake #3: Serving at the Wrong Address

This is one of the most damaging mistakes. Documents served at an incorrect or outdated address will invalidate the entire service.

Why It Happens

• Person moved
• Mailing address mistaken for residential address
• Incorrect address on file
• Reliance on old tenancy information

Correct Approach

Use:

• Skip tracing
• Occupancy verification
• Neighbour checks (lawfully)
• Workplace verification

Select Serve and File performs skip tracing for serving documents Ontario, reducing failed attempts.

Mistake #4: Not Following Personal Service Requirements

Some documents require personal service, meaning the respondent must receive them directly.

Self-represented individuals often:

• Leave the documents with someone else
• Drop documents in a mailbox
• Slip documents under the door

These are invalid for personal service.

Correct Approach

For personal service, the server must:

• Confirm identity
• Explain the nature of the documents
• Note the date, time, and description of the person

Professionals understand which matters require this level of service.

Mistake #5: Not Completing the Affidavit of Service Properly

Even if the service itself was done correctly, the court can reject the filing if:

• The affidavit is incomplete
• The wrong form is used
• Dates and times are missing
• The server’s description is missing
• It is not commissioned
• Pages are missing

Correct Approach

Use the correct affidavit for the court:

• Form 16B (Civil)
• Form 6B (Family)
• Form 8A (Small Claims)
• Certificate of Service (LTB)

Select Serve and File prepares and commissions affidavits for all serving documents Ontario cases.

Mistake #6: Filing Before the Service Deadline Has Passed

Many documents have mandatory waiting periods before filing:

• N4: Wait until notice period expires
• Small Claims: Serve before filing
• Family Law motions: Serve with adequate notice
• Civil notices: Serve before filing confirmation

Correct Approach

Confirm:

• Notice periods
• Filing deadlines
• Jurisdiction-specific timelines

Rushing filings without correct service timing leads to rejection.

Mistake #7: Assuming Email Service Is Always Allowed

Email service is not automatically valid. It is only allowed when:

• The opposing party gives written consent, or
• The court grants an order for substituted/alternative service

Correct Approach

Get consent in writing or bring a motion.

Professionals offering serving documents Ontario know when email or electronic service is permissible.

Mistake #8: Failing to Document Service Attempts

Courts may reject alternative service motions when there is no documentation proving attempts.

Common missing items:

• Dates
• Times
• Photos
• Notes about interactions
• Neighbour confirmations
• Evidence of occupancy

Correct Approach

Professional process servers keep:

• Time-stamped logs
• Detailed notes
• Occupancy checks
• Attempt records
• Video or photo evidence when appropriate

This documentation is essential for contested matters, such as avoiding service or family disputes.

Mistake #9: Letting Concierges or Security Refuse Access Without a Strategy

Secured condo buildings are one of the biggest challenges in serving documents Ontario.

Common issues:

• Concierge blocking access
• Locked elevators
• Security restricting floors
• No buzzer access

Correct Approach

Professionals:

• Use lawful methods to confirm occupancy
• Time attempts for high-traffic hours
• Attempt service in common areas when appropriate
• Serve at the workplace instead
• Use skip tracing to confirm alternate locations

Servers who understand Ontario’s high-rise building rules improve success rates significantly.

Mistake #10: Trying to Serve Highly Sensitive or High-Risk Cases Alone

Serving documents such as:

• Eviction notices
• Family law custody materials
• Civil lawsuits
• Corporate litigation
• Judgments
• Garnishments
• Subpoenas

can lead to tense or unsafe situations.

Correct Approach

Use trained professionals who:

• Understand safety protocols
• Know de-escalation techniques
• Follow legal requirements
• Provide affidavits
• File documents immediately afterward

Select Serve and File provides safe, compliant, and efficient serving of documents Ontario services across the province.

Bonus Mistake: Relying on Couriers Instead of Process Servers

Couriers cannot:

• Perform personal service
• Verify identity
• Complete affidavits
• Make multiple attempts
• Gather evidence
• Navigate court rules

Yet many people attempt courier delivery and face rejection.

Professional service is always recommended.

Connect Us Today

If you want to avoid mistakes while serving documents Ontario, Select Serve and File Process Server Inc. provides professional service, affidavits, skip tracing, and court filing at competitive rates across the province. Contact us today.

FAQ