Serving King's Bench Forms

Court forms to start a case, such as a statement of claim, must usually be served in person. Personal service can always be used for other court forms as well. The person serving the documents does this by physically handing the other party the documents. They should tell them that they are being served with court forms. If the other party refuses to accept the court forms, they can be left close to the other party.

The court forms can be served by you or any other adult. You can also hire a process server or court sheriff to serve the court forms for you. The person serving the document should know or be able to identify the other party. This is so that it can be proved that service was made on the correct person.

If a party has already served and filed a court document, it should have their address for service on it. If so, they can be served at the address for any method listed. An address for service must include a physical address. An address for service may also include a fax and email address. There are different requirements for different methods of service.

When a courier serves documents, they must leave the documents at the address for service with the person being served. If they are not there, the documents can be left with an adult who appears to be part of the household or the business. If there is no adult present, the documents can be left in the mailbox. In the case of a business, documents can only be left in the mailbox during regular business hours.

If you serve documents by ordinary mail, simply place them in an envelope and mail them to the address for service. You may also choose to serve documents by registered mail. Registered mail can make proving service easier.

You can serve documents by fax if the address for service lists a fax number. If so, you must include a cover page setting out the:

• sender’s name, address, phone and fax number
• name of person being served
• date and time when fax was sent
• total number of pages including cover page
• name and phone number of someone to contact if there are problems with the fax

If the address for service lists an email address, you send the documents electronically to that address. If you do this, the email must include:

• the sender’s name, address, phone, email and fax number (if any)
• the name of person being served
• the date and time when email was sent
• the name of the documents being emailed, including the information in the heading of the documents, dates of the documents and total number of pages of each document
• the name and phone number of someone to contact if there are problems with the email
• a statement that the original documents have been signed and have or will be filed with the court
• a statement setting out a time and place when the party can see the original documents

If it is not possible to serve a party using the methods above, you can apply to the court for substituted service. Your application must set out attempts that were made and why it is impractical to serve using a normal method. If a judge is satisfied, they can authorize service by a different method. This could include things like leaving the documents with an employer. The judge can also decide that service is not required at all.

Service is proved by filing an affidavit of service using Form 12-15 of the King’s Bench Forms. You fill out the parts of the form that apply to the way you served the other party. If you served by fax or registered mail, the confirmation of delivery must be attached as an exhibit to the affidavit. If you received confirmation of service electronically, such as by email, you must attach a hard copy of the confirmation. If you used a courier, attach the receipt they gave you. If you hired a sheriff, service is proved by filing a certificate of service in Form 12-14.

When a party serves the document starting an action, it must include an acknowledgement of service. The party being served must then complete and return it. If they do not, they may be required to pay any additional service costs incurred due to not signing it. They also will not be entitled to further notice of any proceedings. An acknowledgement of service must be in Form 12-3.

Filing an acknowledgement of service signed by the party who was served is proof of service. In this case, an affidavit of service is not required. Service of any document can be proven in this way.