In Canada, individuals cannot refuse to be served with legal documents like summonses, subpoenas, or divorce papers. The process of service is a necessary part of the justice system that ensures an individual receives initial notice of legal action. It is the responsibility of a professional, known as a Canadian Process Server, to deliver these court papers to the individual. This includes ensuring that they are personally delivered and not left in a mailbox or other open location. In order to serve evasive individuals, a Canadian Process Server can employ methods such as skip tracing and stakeout services, although they cannot break the law or trespass on private property while doing so.

The Role of a Process Server in Canadian Legal Systems

Alternatively, a Paralegal can also choose to serve an individual through substituted service, wherein the papers are left with a neighbor or other person who is close to the individual in question. The process server will then provide an affidavit of service to the requesting party that the individual was actually served.

The Hague Convention allows for multiple ways of serving an individual with legal documents. The requesting party’s judicial officer can send a service request to the Central Authority of the host country, which in this case is Canada. The Central Authority will then arrange for the documents to be served by local courts or Canadian process servers in accordance with local laws and regulations. This is the most efficient way to serve individuals in Canada, and it also ensures that proper proof of service is collected.