How to serve someone in Ontario: Small Claims Court papers

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

You serve someone in Ontario by leaving a copy of the document with the person. That is personal service. If that fails, the rules allow alternatives, such as a sealed copy with an adult at their home plus a mailed copy. You prove service with an Affidavit of Service (Form 8A). For the short checklist, read how to serve your claim. For the full path, read how Small Claims Court works in Ontario.

What to do

1. Get the issued copy of the claim from the court. Serve the issued copy, not your draft. The 6-month service limit starts on the issue date.
2. Identify the defendant: a person, a corporation, a partnership, a sole proprietorship, or a minor. The method depends on who they are.
3. Choose the person who serves: you, a friend, or a process server. The person who serves must swear Form 8A later.
4. Make personal service. For a person, leave a copy with them. For a corporation, leave a copy with an officer, a director, or the person in control at the business.
5. If the person is not home, use the residence alternative. Leave a sealed copy with an adult of the household. Then mail or courier a copy the same day or the next day.
6. If you cannot find the person, ask the court for substituted service. File a motion with Form 15A and pay $127.
7. Record the date, the time, the place, the person, and the method. Complete Form 8A and swear or affirm it. Our free interview fills it: /build/8a.
8. File Form 8A with the court. Then count 20 days from service for the Defence.

Who do you serve, and how?

The rules name a method for each type of defendant. Use the exact legal name. Read how to name the right defendant.

Who	How to serve	Rule
A person (an adult)	Leave a copy with the person	Rule 8.02
A corporation	Leave a copy with an officer, a director, or a person in control at a place of business	Rule 8.02
A partnership	Leave a copy with any partner, or with a person who appears to be in control or management at the principal place of business	Rule 8.02(k)
A sole proprietorship	Leave a copy with the sole proprietor, or with a person who appears to be in control or management at the principal place of business	Rule 8.02(l)
A minor (under 18)	Leave a copy with the minor, and a copy with a parent or a custodian	Rule 8.02
A person who is not home	A sealed copy with an adult of the household, plus mail or courier the same day or the next day	Rule 8.03(2)
A person, by registered mail or courier	Send the claim to their home; it counts only if they or a household member signs for it	Rule 8.03(7)
A person you cannot find	Ask the court for an order for substituted service	Rule 8.04

Who can serve the papers?

You can serve the papers yourself. A friend, a business associate, or a private process server can serve them for you. You do not need a process server. Whoever serves the document swears the Affidavit of Service (Form 8A). A lawyer or a paralegal can use a certificate of service (Form 8B) instead.

What if the person is not home?

The residence alternative has 2 steps. First, try personal service at the person's home. If that fails, leave a copy in a sealed envelope with an adult who lives there. Then mail or courier a second copy to the same address, the same day or the next day.

Record both steps on Form 8A: the first visit, the adult who took the envelope, and the mail or courier date. Keep the courier receipt. Without the second step, the service is not complete.

What if you cannot find them?

Ask the court for an order for substituted service. You file a Notice of Motion and Supporting Affidavit (Form 15A). The fee is $127. Your affidavit sets out everything you did to find them: the dates, the addresses, the calls, and the searches. The order names the method the court allows. Serve by that method. Then prove service with Form 8A, unless the order says otherwise.

How do you serve a Defence or other documents?

The claim needs personal service or a rule 8.03 alternative. A Defence, and most later documents, can go by mail, by courier, by email, or in person (rule 8.01(14)). The defendant serves the Defence on every other party, then files it with proof of service (rule 9.01). The claim gives the plaintiff's address, telephone number, and email address (rule 7.01(2)). Mail goes to the last address known to you, and counts as served on the 5th day after mailing (rule 8.07). Email goes to the last email address the person gave (rule 8.08). The email must show your name, address, telephone number, and email address. It must also name the person served, give the date and time, and give a contact for transmission problems. Email sent after 4 p.m. counts as served the next day. If you were served with a claim, start at /served.

An unaccepted Offer to Settle (Form 14A) is served, not filed.

What happens after service?

The defendant has 20 days after service to serve and file a Defence. Count the days by the court's method: exclude the day of service, include the last day. If no Defence comes, you can ask the clerk to note the defendant in default. Read the default judgment guide. Our tracker counts the days for you: /claim/serve.

Serving outside Ontario

The same 6-month limit applies. A process server in the defendant's city can make personal service. Service in another country can involve the Hague Service Convention. Where the Small Claims rules do not cover a matter, the court can look to the Rules of Civil Procedure. Get legal advice for service outside Canada. Read how to sue someone outside Ontario.

Deadlines and fees

• Serve the claim within 6 months after the court issues it. The court can extend the time.
• The Defence is due 20 days after service.
• Form 8A: no court fee.
• Motion for substituted service: $127. Court fees change on January 1, 2027.
• Recoverable if you win: the amount you paid for service, as a disbursement. The clerk assesses at most $60 for each person served, unless the court finds special circumstances.

Common mistakes

• Do not put the claim in a mailbox or under a door. That is not personal service.
• Do not leave the claim with a cashier or a receptionist at a corporation. The rule names an officer, a director, or the person in control.
• Do not skip the mail step of the residence alternative. Both steps are needed.
• Do not forget Form 8A. The clerk cannot note a default without proof of service.

Questions people ask

Can I serve Small Claims Court papers myself in Ontario?

Yes. The Ontario government's guide to Small Claims Court procedures says parties arrange service of their own documents. You can serve them yourself, or ask a friend, a business associate, or a process server. The person who serves the document swears the Affidavit of Service, Form 8A (rule 8.09.1(2)). Many people ask a friend to serve, so the defendant does not argue with the plaintiff at the door. Record the date, the time, the place, and the person.

Do I need a process server?

No. You can serve the documents yourself, or ask a friend or a business associate. A process server helps when the defendant avoids you, lives far away, or is a corporation with a locked office. You pay the process server's fee at first. If you win, you can claim it as a disbursement (rule 19.01(1)). The clerk assesses at most $60 for each person served, unless the court finds special circumstances (rule 19.01(3)).

Can I serve someone by mail or by email?

Not by regular mail or by email, for a claim. The claim needs personal service (rule 8.02) or a rule 8.03 alternative. Registered mail or courier to the person's home counts, but only if the person or a household member signs for it (rule 8.03(7)). Regular mail is the second step of the residence alternative, after personal service failed (rule 8.03(2)). Any other method needs a court order for substituted service (rule 8.04). A Defence and most later documents can go by mail, by courier, or by email (rule 8.01(14)).

How do I serve a corporation in Ontario?

Leave a copy with an officer, a director, or a person in control at a place of business of the corporation (rule 8.02). Use the exact legal name from the Ontario Business Registry, not the sign name. Record the name and the title of the person on Form 8A.

How long do I have to serve a claim in Ontario?

You must serve the claim within 6 months after the court issues it (rule 8.01(2)). The court can extend the time, before or after the 6 months end. The Defence clock does not start until service is complete (rule 9.01), so serve as soon as you can.

What proof of service does the court need?

An Affidavit of Service, Form 8A, sworn by the person who served the document (rule 8.09.1(2)). A lawyer or a paralegal can file a certificate of service, Form 8B, instead (rule 8.09.1(3)). The clerk needs the proof before a defendant can be noted in default (rule 11.01).

When to get a lawyer

Get legal advice if you cannot find the defendant, or the defendant says the service was not valid. A lawyer can also handle service on a party outside Canada. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines