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.
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A Document Served Improperly May Be Deemed Served
The Rules of the Small Claims Court, O. Reg. 258/98 lack a procedure for when the intended recipient receives a document through a method that falls outside of the prescribed Rules; thus, in such a circumstance, it becomes necessary to refer to the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, which include a procedure for the validation of service via a Motion to Validate Service. The relevant sections in the Rules of the Small Claims Court and the Rules of Civil Procedure are:
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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.
