Process serving moves online in Ontario?

A judge in Ontario recently allowed a woman to serve her child’s father with a paternity action over Facebook, and has said that it would be wise for more people in the province to use more creative methods like online process serving.

The woman could not find the father’s address in order to have him served traditionally, but was able to find him on Facebook. She sent him a message on Facebook with documents attached, to which he replied. According to the judge, this reply was enough evidence to consider him served effectively. Texting via Blackberry and e-mail are also acceptable options according to Ontario Superior Court Justice Cheryl Robertson in a paper she presented at the 1000 Islands Legal Conference this month.

 

“In a province where, for reasons of money and time, the judicial system is increasingly out of reach for money, e-service can be a useful and viable alternative,” she said. “It will be foreign for some, and some will be uncomfortable using these electronic servers, but with time their advantages will likely win over even the greatest of skeptics.”

 

In most cases, people draft an application to start a family law proceeding (usually with the help of a family lawyer), after which it must be served to upon the opposing party. Many times the person being served is not on good terms with the applicant, so a process server is hired. When people suspect there is an attempt to serve them, for example to obtain child support or spousal support payments, they become anxious and may avoid being served. Using online methods may allow these issues to work through the courts faster without unnecessary delays from litigants avoiding being served.

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By heather - Last updated: Monday, October 25, 2010
Filed in Child Custody in Ontario, Child Support, Child Visitation, Process server, Service of documents, child custody •