Caution: This page contains GENERAL LEGAL INFORMATION ONLY.
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.
The law can be complicated and the details of a case can be even more complicated! There are exceptions for every rule.
What you do not know can harm you. Rely on general legal information AT YOUR OWN RISK.
—Serving Outside Canada—
How Are Ontario Family Court Documents Served Outside Ontario? Over 70 countries have signed a treaty (the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters). But the rules very even between these countries. If you are serving documents in one of the countries,
You may have more options for a country that has not joined the Hague Convention, but you must be careful not to break the law in that other country. Some research will have to be done for the country you are trying to serve in. The following options might be available:
If you serve in another country, you may have to translate the Ontario court documents into another language. (For example, to serve Ontario documents in Japan, it may be necessary to translate the documents into Japanese, even if the party being served does not read Japanese.) If you are unable to serve the other party by any of the normally acceptable means or cannot locate the other party for service, you might get permission from a judge to serve in another way. Not handling service property may make the service invalid and can cause great delay, unnecessary expense, and may give a person the warning, so that they can try to avoid service. If you do not serve according to the rules (the Ontario Family Law Rules and the Hague Convention) and did the other party does not respond, the judge may refuse to make any order in the case (because service was invalid). |
Michaud Family Law • 416-707-7976 • 2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8
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