Understand Rule 6 of the Family Law Rules: Serving Family Court Documents in Ontario

If you are involved in any sort of litigation, you’ll hear the words “service of documents” or “serving documents” quite frequently. Understand rule 6 Family Law Rules serving family court documents in Ontario

Especially if you’re involved in a Family Law matter like divorce, you probably know that it’s one of the more important steps in the legal process.  In this context, it involves formally alerting your Ex to the various steps you are taking – and conversely, being alerted to what he or she is up to.

This Blog discusses some of the highlights of what you need to know.

What Is “Service” and Why is it Important?

Simply put, “service” is the broad term for the act of formally delivering certain documents to your Ex – essentially giving them notice of your materials, or of your actions in the litigation.  When coupled with proof of proper service (known as an “Affidavit of Service”), it’s essentially a notice-giving protocol that ensures everyone knows what’s happening in the litigation, and has a fair chance to respond.

In Ontario Family Law, service of documents can relate to many different things:  Taking the first step to initiate your divorce, or taking a next step once the litigation is underway.  It might pertain to bringing a new application, responding to a claim or step your Ex has taken, or scheduling a motion.

It might also pertain to a scenario where it’s important for your Ex to receive certain information from you – for example your Financial Disclosure.

What if the Rules Around Service are Ignored?

Especially if your Family litigation is contentious, it might be tempting to try to blind-side your Ex with new legal claims, or leave them in the dark about an upcoming court date.  But this is a terrible and risky plan.

If you do not follow the rules about service – or if it’s not done correctly – you run a serious strategic risk. Depending its nature and the impact the non-service has on your proceeding, a court may delay your case, or even refuse to deal with your matter further, until proper service has been achieved.

Where Are the Rule 6 Family Law Rules for Service Found?

Answer:  Rule 6 of the Family Law Rules. This is where you look for details on how to achieve proper service on your Ex (and on anyone else who is directly involved in your case).  But note – this Rule contains 20 different subsections, because it has many nuanced requirements and covers many different scenarios.

Categories of Service

Under Rule 6, there are three main types of service:

• Regular Service: This is used for less formal steps, like delivering a document that updates the court on your case or provides additional information. Regular service can usually be done by mail, email, fax, or even dropping it off at the other party’s lawyer’s office.
• Special Service: This is the most formal type of service. It’s required for important documents like an application, answer, or motion to change. There are many detailed requirements and potential options, but special service typically involves handing the document directly to the other person (known as “personal service”) or to their lawyer.
• Substituted Service or Alternative Service: Sometimes, it’s not possible to serve someone in the usual ways. If a person is avoiding service or can’t be found, you can ask the court for permission to serve them in a different way—such as by email, social media, or even through a family member. This is called “substituted service” or “alternative service.”

What If the Other Person Is Avoiding Service?

Some people deliberately avoid being served in an effort to delay or derail the court process. If this happens:

• Document Everything: Keep detailed records of your attempts to serve—times, dates, and any witnesses.
• Use a Process Server: They are professionals and know how to handle evasive parties.
• Ask for Substituted Service: As noted, if personal service is not possible after reasonable attempts, the court may let you serve the documents in another way.

The key is to show the court that you’ve made genuine, diligent efforts to serve the other person and that alternative service is necessary to move the case forward.

The Importance of the Affidavit of Service

After documents are served, the person who delivered them must complete an Affidavit of Service (Form 6B under the Family Law Rules). This is a sworn statement that tells the court:

• Who was served
• What documents were served
• When and where the service happened
• How the documents were delivered

The Affidavit is filed with the court to prove that service was completed properly. Without it, the court may not allow your case to proceed. It’s a critical piece of the process.

Get Good Advice

As you can see, the Rules dealing with service of documents are very detailed, since they are designed to cover numerous scenarios.

If you are unclear on the proper method of service for your particular situation—or if you are dealing with a difficult or evasive Ex—it’s wise to get legal advice early on. Mistakes in service can have serious consequences, including delays, dismissed motions, or even cost orders.

Contact one of our experienced Family Lawyers, and they can guide you through the proper steps. If you need solid advice on whether your rights are being protected with a proposed settlement, give our offices a Call or request a Free Consultation.