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Ontario Family Law Rules / Rule 6

Serving documents

Rule 6 explains how to give court documents to the other parties, when service legally takes effect, and how to prove it. Service and filing are different steps.

What is it for?

Service formally gives a document to another party. Filing submits it to the court. Serving the court does not serve the other party, and emailing the other party does not file the document. Rule 6 gives permitted methods, effective dates, and proof. The rule for the document and any court order determine whether regular or special service is needed.

What it can and cannot do

What this rule can and cannot do: Valid service gives the other party formal notice and starts some response periods. It does not file a document, obtain a hearing date, or turn a regular email into special service. If the usual method will not work, a court can authorize substituted service under Rule 6(15).

Forms to use and what to put in them

Form 6B Affidavit of Service records the facts of service: who served, which documents, on whom, by what permitted method, where or to what address, and when. The server swears or affirms it. Other proof methods listed in Rule 6(19) may apply, including written acceptance. Form 6 acknowledgment and Form 6A advertisement are for their particular routes; they are not substitutes for choosing the correct service method.

For email service, Rule 6(14.1) requires the message to name the recipient, describe the attached document, show the email date and time, and identify a contact person and telephone number for transmission difficulties. A licensed representative may use Form 6C in the circumstances Rule 6(19) permits.

How to prepare

  1. Identify the document and the required service method.Routine material can often be served regularly, including by email. An Application or the initiating documents for a motion to change generally need special service. Some contempt, witness, or imprisonment-related documents have stricter personal-service requirements. Check Rule 6(4) and the rule for your particular document.
  2. Find the correct recipient.Regular service generally goes to the other party’s lawyer of record if they have one; otherwise use the party’s address for service on their latest filed document. A changed address for service must be promptly served on the other parties and filed with the court.
  3. Choose a server.The person serving must be at least 18. For an Application, motion to change, and documents listed in Rule 6(4), the party required to serve generally cannot personally perform the special service. Have another adult serve, subject to Rule 6(4.2)’s exceptions.
  4. Keep an exact record.Record the documents, recipient, method, date and time, address, and any delivery or email record. Have the person who served complete and swear or affirm Form 6B where required; file proof with the documents.
How to serve by email

Use email only when regular service is permitted and send it to the proper address for service. Identify the case and attached documents, include the sender and contact details required by Rule 6(14.1), save the sent email and attachments, and check the 4 p.m. effective-date rule. Email alone is not valid special service merely because the recipient reads it.

How this step fits into the court process

  1. Start with the proceeding’s deadline.Check whether the document requires regular or special service and the last permissible effective-service date.
  2. Serve the correct recipient.Use the latest filed address for service and a method permitted by Rule 6 and the rule for the document. Record time carefully, especially the 4 p.m. cutoff.
  3. Complete proof.The adult who performed service completes Form 6B or another proof allowed by Rule 6(19). Keep the underlying email, receipt, or delivery record.
  4. File where that proceeding requires.Submit the underlying document and service proof through the permitted filing route. Confirm acceptance. Rule 6 itself neither schedules a date nor requires a Form 14C or 17F; those belong to the motion or conference being served.

Rule at this step: Rule 6(2)–(4.2) governs the method and server; 6(7)–(11.3) effective dates; 6(15) substituted service; 6(19) proof. Rule 3 counts the period after service.

Timeline for serving and filing

  1. First determine the effective service date.Email or fax shown as sent by 4 p.m. generally counts that day; after 4 p.m. counts the following day. Personal special service under Rule 6(3)(a) or (b) follows a similar 4 p.m. rule.
  2. Other common methods have different dates.Ordinary mail is effective on the fifth day after mailing. Same-day courier is effective the day after pickup; next-day courier two days after pickup. Special service by leaving a copy with an adult resident and mailing another copy under Rule 6(3)(d) is effective on the fifth day after mailing.
  3. Move a closed-court effective date forward.If an effective date calculated under Rule 6(7)–(11.2) falls when court offices are closed, Rule 6(11.3) moves it to the next open day.
  4. Then count the response or hearing deadline.Apply Rule 3 to the effective service date and the rule for the proceeding. For example, an ordinary Answer has its own period after service of the Application; motions and conferences have deadlines counted back from their hearing dates.
  5. File the material and proof.Complete Form 6B or another permitted proof under Rule 6(19), follow the filing direction, and keep the court’s acceptance confirmation. Service alone is not filing.

Example: an email sent Monday at 4:12 p.m. is generally effective Tuesday, if Tuesday is an open-court day. Check the address, permitted method, and any order before using the example.

Hot points to remember

  • Application or motion to change?Do not assume email is enough; check special service and who may serve.
  • Residence plus mail is two acts: Leave a copy with an adult resident and mail another copy that day or the next day as Rule 6(3)(d) requires.
  • Avoiding service does not end the case: If ordinary methods fail, Rule 6(15) allows a court order for substituted service; document the attempts and ask the court rather than inventing a method.
  • Form 6B is about the service actually performed: The person who served should give the facts accurately. A sent email, a sworn affidavit, and court acceptance serve different purposes.

Where are the page and evidence limits?

Rule 6 is about delivery and proof, so it does not set a general page or evidence allowance for the document being served. The current rule limits fax service to 20 pages for documents relating to a single step, counting a cover page, unless the parties consent in advance or the court orders otherwise. It also restricts faxing a trial record, appeal record, factum, or book of authorities without advance consent. A motion affidavit or conference brief still has its own page and exhibit limits in the Superior Court direction.

Ottawa and scope

This explains Ontario Rule 6 with an Ottawa Superior Court focus. The Ottawa local notice and provincial direction tell you where to file; they do not replace service on the other parties. A court order, international service rules, or a special proceeding may change the method. Check current directions before acting.