Guides · reviewed 2026-09-04

How to sue someone outside Ontario

Legal information, not legal advice. Results depend on the facts of your case.

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

An Ontario court can hear a case with a real and substantial connection to Ontario. Whether your facts make that connection is a legal question. The venue rule lets you file where the events happened, even when the defendant lives elsewhere. A judgment here and collection there are 2 different problems.

When Ontario can work

  • The contract was made or performed in Ontario.
  • The events happened in Ontario.
  • The defendant carries on business in Ontario.

Each fact helps show the connection. The defendant can still challenge the court's jurisdiction, and the court decides.

Service outside Ontario

You must still serve the defendant within 6 months after the court issues the claim. A claim must be served in person or by a rule 8.03 alternative, not by email or regular mail. A person outside Ontario who carries on business in Ontario can be served through anyone who carries on that business here. A process server in the defendant's city can make personal service. Keep the Affidavit of Service (Form 8A) exact. If you win, the court can award the reasonable cost of service outside Ontario. Service outside Canada can involve treaty rules. Get advice first.

Served outside the court's division? Read this before a default

If every defendant was served outside the court's territorial division, the clerk cannot note a default until you file an Affidavit for Jurisdiction (Form 11A).

The collection problem

Think about collection before you file. An Ontario judgment does not enforce itself in another province or country. You must have it recognized where the defendant's assets are, under that place's law. The reverse works in Ontario: a judgment from a reciprocating state can be registered in Ontario within 6 years. If the defendant has assets in Ontario, you can enforce here: a bank account, wages, or property. If everything is elsewhere, ask a lawyer where to sue before you start.

What to do

  1. Write down every Ontario connection: where the deal was made, performed, and paid.
  2. Find the defendant's current address.
  3. List the defendant's assets and where they are.
  4. If Ontario fits, file where the events happened: /build/7a.
  5. Arrange service where the defendant lives. Budget for a process server there.
  6. Check the deadline: 2 years, in most cases. Other places apply different deadlines.

Common mistakes

  • Do not assume an Ontario judgment works everywhere.
  • Do not skip the connection check. A jurisdiction fight can cost more than the claim.
  • An online seller far away can be hard to serve, and harder to collect from.
  • Do not forget the 6-month service deadline.

When to get a lawyer

Get legal advice before you sue a defendant outside Ontario. The forum choice can decide the case. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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