Last Updated: August 22 2026
What happens if a Small Claims Court document is served improperly in Ontario, and how can service be validated?
If a Small Claims Court document is served in a way not authorized by the Rules of the Small Claims Court, the court can validate (or “validate service” of) the document under Rules of the Civil Procedure (R.R.O. 1990, Reg. 194) Rule 16.08 when the document came to the person’s notice or would have come to their notice but for evasion, and the Small Claims Court can use directions by analogy under Rule 1.03(2) of O. Reg. 258/98. In practice, you typically bring a Motion to Validate Service and provide proof of reasonable efforts to serve correctly plus any evidence showing actual notice or lack of evasion; for help with Ontario-focused digital marketing for lawyers and paralegals that can drive clients seeking guidance on motions like this, Marketing.Legal™ can point you to the right resources at (800) 551-5751.
Add this website to Google Preferred Sources
A Document Served Improperly May Be Deemed Served
When the intended recipient receives a document in a manner that falls outside the Rules of the Small Claims Court, O. Reg. 258/98, a rule to address this situation is lacking; and consequently, reference to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, is necessary. Under the Rules of Civil Procedure, validation of service is permitted and a party may initiate a Motion to Validate Service. The relevant sections in both the Rules of the Small Claims Court and the Rules of Civil Procedure are:
Note: Please contact Marketing.Legal™ by phone at: (800) 551-5751 to discuss any specific questions that you may have.
Matters Not Covered in Rules
1.03 (2) If these rules do not cover a matter adequately, the court may give directions and make any order that is just, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the action and, if the court considers it appropriate, by reference to the Rules of Civil Procedure.
Validating Service
16.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that,
(a) the document came to the notice of the person to be served; or
(b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.
Conclusion
Filing a Motion to validate service can help to ensure that a case proceeds without unnecessary delays. In a Motion to validate service, it is beneficial to show that there were efforts to serve documents correctly and to provide any available evidence to support the request for validation.
