As of March 1, 2010, amendments to certain sections under the Family Law Rules* come into effect. In particular, there are significant changes on Rule 6.
Rule 6 (1.1) has been added prohibiting persons under the age of 18 from serving documents.
Rule 6 (4.1) has been added prohibiting the party from serving the following documents:
- Form 8: Application (general)
- Form 8A: Application (divorce)
- Form 8B: Application )child protection or status review)
- Form 8B.1: Application (status review for Crown ward and former Crown ward)
- Form 8B.2: Application (general) (Child and Family Services Act cases other than child protection and status review)
- Form 8C: Application (secure treatment)
- Form 8D: Application (adoption)
- Form 8D.1: Application (dispense with parent’s consent to adoption before placement)
- Form 15: Motion to Change
- Form 15A: Change Information Form
- Form 23: Summons to witness
- Form 23A: Summons to witness outside Ontario
- Form 31: Notice of contempt motion
- Form 34L: Application for openness order
- Form 34N: Application to change or terminate openness order
- A notice of motion or default hearing in which the person to be served faces a possibility of imprisonment
Instead, someone other than the party must perform the service. Typically law firms hire professional process servers to minimize safety concerns.
These changes are not included in most of the print materials that are available commercially. When in doubt, readers are encouraged to check the Ontario e-laws website for the most current version of the legislation or regulation addressed.
*O. Reg. 114/99 as am.
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Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.
