Are you looking into alternative service and their definition? When a court gives you permission to serve (deliver) documents on a party in some way other than giving them the documents personally; for example, by serving them on a family member. Also called substituted service.

Alternative service refers to a method of fulfilling a legal obligation, such as a court order or summons, without resorting to traditional methods.

This can include methods such as electronic communication or mail instead of in-person service, or service through a third-party agent. Alternative service is usually used when a person cannot be located or is avoiding traditional service methods.

When is Alternative Service Used in Legal Proceedings?

In the legal context, alternative service is a way to serve a legal document, such as a subpoena or summons, to a person who is difficult to locate or avoids being served. This method is usually used when a person cannot be found at their last known address or place of employment.

Alternative service is usually done through mail, electronic means or by using a third-party process server. The court will usually require the person who is trying to serve the legal document to prove that the person being served could not be found or located through traditional means and that the alternative service was the only available option.

It’s important to note that Alternative Service must be authorized by the court and must comply with the rules and regulations of the jurisdiction, and it’s not always accepted as a valid way of serving legal documents.

Can you be served by email in Canada?

Service by email is generally not considered a valid method of service for legal documents, except in certain limited circumstances.

The rules for the service of legal documents vary by province and territory, but in general, personal service is required, which means that the legal document must be physically handed to the person being served.

Key Differences: Personal Service vs. Alternative Service

Some provinces and territories have provisions in their rules of court that allow for alternative service methods, such as email, in certain circumstances.

For example, in Ontario, Rule 16 of the Rules of Civil Procedure states that service by email may be permitted in limited circumstances, such as where the person being served has consented to receive service by email or if the person cannot be found and the court is satisfied that the person will receive notice of the service by email.

Alternative Service Definition

The Supreme Court Civil Rules in BC allows for service by email in certain cases, such as when the person to be served has agreed to accept service by email and has provided an email address for that purpose.

In any case, it’s important to check the specific rules of the court and jurisdiction where you are and consult with a lawyer to confirm the rules and requirements for alternative service methods, such as email.

Find a Local Lawyer

Contact us

Alternative Service Definition