HyperServe – Blog for Process Servers

Updated 07-JAN-2023: Be Nice to the Process Server!

So there’s a lot of confusion around having your documents served. Here’s just a few things (totally not a comprehensive list!) that will help keep you safe and make sure your document serving/filing experience goes smoothly:

KNOW WHAT “SERVICE” IS: “Service” doesn’t mean “make sure the other person gets it”. It means providing the documents to the other party in accordance with the procedure outlined in the Rules of Service. If the Rules say that sending it by regular post is acceptable, then if the wind picks up the mailbox and drops it into Lake Ontario? Not your problem! You did your due diligence, it’s up to them to prove they never got it. This, by the way, is why the important stuff is never (ever!) sent regular post.
KNOW WHAT A “PROCESS SERVER” IS: A process server is absolutely not a “courier”. I use that description for the sake of simplicity, but there’s a lot more involved. Essentially, a process server is a professional witness that the rules were observed and the documents were received by or are reasonably expected to be received by the intended recipient. The process server will provide you with an Affidavit of Service that you file with the court (or you can pay them to file it on your behalf; some process servers include filing as part of the fee – they naturally charge more) in order to prove that the other party has been duly notified. Here’s the thing: under the rules of the judicial system, anyone who files an Affidavit with the court can be asked to come in and testify. That’s the real reason for the fees: when I know that the possibility is there that I will be called to come in and sit around half a day waiting only to be told I can go, then yeah – that’s built into the fee structure, as well.
CHECK THE REVIEWS: don’t just click on the top search result. It’s not up there because of merit. It’s up there because someone paid way too much money to get it up there.
ASK QUESTIONS: don’t just ask “how much?” and leave it at that. Ask them how long they’ve been in business. Ask them if they are registered with any accrediting agency such as the Better Business Bureau. Ask them what the price includes. Ask them what you get back. Ask them what happens if the service or filing fails. Ask them about their most memorable service. Ask them what their favourite dessert is. Really get to know them and if you’re not 100% confident, then move on to the next.
BE SKEPTICAL: By that same token, if the company you’re talking to is quoting a price far lower than other companies, you need to find out why. There is no way anybody is making money by quoting half or a third of the price of competitors. Prices land in a range for economic reasons and, unfortunately, process serving is not a regulated industry so there’s no governing body to turn to if someone dumps your documents in a trash bin and pockets your twenty bucks (hint: I couldn’t afford to drive my car if I only billed twenty bucks per service!).
GIVE THEM THE CORRECT DOCUMENTS: If you are serving documents, you *must must must* (must!) serve the exact same document you filed with the court. If you filed a claim with 32 attachments, then you serve your claim with 32 attachments. Not 35 (because you remembered something you forgot) not 0 (because you have visions of dramatically producing your evidence in court to the astonishment and dismay of the Defendants – this is Real World Canada, not American Hollywood). If you’ve messed up the documents, fix them before you serve them otherwise it adds a whole new level of complication.
USE THE CORRECT ORIENTATION: when you’re scanning your documents to issue online using an office scanner, make sure you’re not feeding them in horizontally. Horizontally-aligned documents will come back missing the seal and the file number. That’s kind of a big deal because when the process server tries to file documents to move your case forward, the clerk will likely reject them. It also makes it virtually impossible for the opposing party to respond in a timely, meaningful way – this is not a clever strategy, by the way: it’s dodgy af – if your case is solid, you don’t need to pull stupid pet tricks and if you have to resort to shady tactics, then shame on you!
KEEP THE ORIGINALS HANDY: you’re going to need to bring in a hard copy of the documents you filed online to your settlement conference if it’s in person (and not on a Zoom call) because you might need it. It would also be wise to bring two extra sets of copies in case the Judge wants the original to be filed or your opposing party doesn’t have theirs. It looks good when you have the professional courtesy to provide them readily with a copy on the spot.
LIMITED COURTHOUSE OPERATING HOURS: Even though covid is no longer a thing and is just part of life now, the counter is still operating on limited hours (Mon to Fri, 9-11am and 2-4pm; no, nobody knows why). Because of this, please do not tie up the counter quizzing the clerk about how to fill out your papers, how to serve them, what happens next, where you can get a lawyer, etc! The clerks are there to answer questions about your case (when is the next court appearance, has the other side filed anything, etc), not to provide you with your law degree! If you have questions about how to proceed, that’s why paralegals exist. If you do have to ask the clerk questions, write the answer down – don’t ask her fifteen times because it was complicated and you can’t remember.
KEEP THE ORIGINALS: You file a scanned copy online (ideally, assuming you didn’t file the original over the counter); you keep the original, you make a copy for your records, and you provide a copy to the other side. This way, everybody is on the same page and has the exact same material (see #3).
KEEP YOUR DOCUMENTS IN PRISTINE CONDITION: Do not leave them lying around to get scuffed up, coffee-stained, and dog-eared. Keep them in a folder or envelope somewhere you’ll remember. When a process server files shabby-looking documents, no one ever considers that that’s how they got them and it looks bad on their professionalism.
LISTEN TO YOUR PROCESS SERVER: If your process server tells you “hey, I think I see a problem, here….” then listen to them! Don’t get all uppity. You’re in their bailiwick now and if they’re telling you a back page is mandatory, then just print the stupid back page. Don’t dismiss it with “yeah, whatever”. If your process server tells you “This claim was issued over six months ago and it’s too late to serve” then you need to look up the potential consequences because here’s the thing: *you still have to pay the process server for work done* even if the case is subsequently thrown out. If your process server tells you “The current tenant, Joe Blow, says the Defendant moved out six months ago”, yeah, we’ll leave it behind if that’s your instruction but we can’t give you an Affidavit of Service because it’s not been served. The most we can do is give you an Affidavit of Attempted Service and then you will have to explain to the judge why you instructed the documents to be left somewhere the person doesn’t even live.

PRO TIP: instruct the process server to capture and record car makes, models, and license plates; any signs or identifying features of the property; and the description of people with whom they spoke. Some higher-end process servers provide this as a matter of course, others will quote it as an “add-on” service.
PAY YOUR PROCESS SERVER: This happens all too often, where a price is agreed upon but buyer’s remorse sets in once it’s done (often because “that was too easy” or “I could have done that myself if I’d known it would be that easy”). We set our prices based on making money. We’re not in this for charity. We have businesses to run so that we can feed our families. We have overhead (I pay about $40 a day just in fuel, for example). This is why we require payment up front. Also note: it’s a bit silly to try and rip off someone who has access to literally every lawyer in the district!
LEAVE REVIEWS: Most process servers are small businesses. There’s a few really big companies out there, but they are generally not advertising on Google. That should be one of the questions you ask – “What size is your company?” or “How many people work in your company?”. Once your service is done and completed, leave an honest review. Honest reviews are the lifeblood of small businesses – it’s the only way we can compete against corporate marketing budgets.

Follow these tips and you will not end up ripped off and frustrated.

393 filings are now located at 330 and 361

So the civil court intake office has been moved to 330 University Avenue, eighth floor, and the family court intake office has been moved next door to 361 University Avenue, first floor.

Pro tip for filing during the pandemic: just don’t even.

The offices are only open 9-11am and 2-4pm. Maximum 7 ppl allowed inside the office (civil – not sure about Family).

The line moves quicker because a large majority of documents must now be filed via email, the online portal, or regular snail mail so they get rejected.

UPDATED 07-JAN-2023: 393 – Toronto Superior Court of Justice

AS OF JANUARY 13, 2020, SUPERIOR COURT IS NO LONGER LOCATED AT 393 UNIVERSITY AVENUE.

CIVIL HAS MOVED TO 330 UNIVERSITY AND FAMILY IS LOCATED AT 361 UNIVERSITY.

Pretty much everything else still applies.

The Toronto Superior Court of Justice is located at 393 University Avenue, Toronto, at the corner of University and Armoury, just south of Dundas, and is open from 8:30 a.m. to 5:00 p.m. Monday to Friday, excluding statutory holidays.

The closest subway stops are Osgoode (Queen and University) to the south and Dundas (Dundas and University) to the north. Parking – if you can get it – is from 9:30am to 3:30 p.m. curbside on Armoury and University and behind the building on Centre. Mind the construction. Probably you’ll have to park under City Hall – lamest numbering convention ever. Just park near “Squirrel” – elevators beat going up the stairwells, which smell like a port-a-potty. Don’t touch the handrails.

There’s a Staples conveniently located at the base of the building – don’t count on it for stationery relevant to legal proceedings (ie, buff or white 25-cut tabs or red and bright yellow 60# card stock for volume covers). It does have a little coffee shop that serves some truly excellent java but i give the baked goods a hard pass: they’re vegan and not only bland, but also have some rather curious textures. The photocopiers have been upgraded and work well for PrintMe services: just email your documents in doc or pdf format to staples@printme.com and you’ll get back a 24-hr print code to plug into the machine and print your stuff out. MAKE SURE you set the copies to black and white to avoid severe sticker shock. Never mind getting them Cerlox-bound – just buy the spine and do it yourself in the file room at the courthouse.

The Family Law Information Centre is located on the ninth floor – start your day there if you’re wondering how to get something done. They have the stationery and the internet access.

If you don’t want to lose too much of your work day, plan to get to 330 University no later than about 7:30 a.m. for Civil filings. Line up out the back of the building and wait to be called in. They don’t like crowds cluttering up the building.

The vetting clerk will review your documents for any obvious mistakes – wrong dates, not commissioned, forgot to sign, etc – and issue you a ticket. You’ll get a text when you’re close to being called.

It’s usually a bit better for family filings than Civil – you can get there at 8:30 a.m. and be out fairly quickly, usually, because most documents can’t be filed at the counter. Depending on the age of the file, you might have to order it and wait a week or longer to have it brought from the Cooksville storage facility. If you’re really unlucky, it’s an old file and you need to contact the archives at York University.

Family – IF you have permission to file over the counter, you still need to book it up:

361 isn’t fussy about how you fasten your Continuing Record, but a single ring top left is preferred.
Use standard 3-hole punch, not those single-punch machines that put the hole way too far into the document.
DO NOT put “Family Court” or “Family Court Branch” at the top of the page and on the cover – 393 is not a unified court.
The clerks do not photocopy – if you want a copy of the Table of Contents or proof of filing, use your phone or the photocopier.
Setdowns do not get entered into the Table of Contents – they’re sent up as a basket motion
Simple divorce does not require a cover, etc, but if you prefer, then it’s a unified volume with a red cover containing the “Table of Contents” tab, the first page of the Table of Contents, “Endorsements” tab, 3 endorsement sheets, “Orders” tab, “Documents” tab, and the documents with their tabs.
If the Respondent files an Answer to a simple divorce, the filing party is responsible for generating the yellow endorsements cover and reconfiguring the file.
Service by mail to India is not accepted – India is a Hague signatory for the service of judicial and extra-judicial documents. Service must be through the Hague authority.

Civil:

back pages are MANDATORY
To file a Motion in Estates, you have to book the motion first by sending the booking form by email to Toronto.commerciallist@jus.gov.on.ca (don’t be thrown by the “commercial list” – it’s all the same thing) or fax to 416-326-2939
CRITICAL: you MUST MUST MUST file your confirmation with the Estates counter no later than three days before your motions date.
To book a Motion in Superior Civil, you have to email the Motions counter at JUS.G.MAG.CSD.CivilMotionsScheduling@ontario.ca
Once your date is booked, you issue your Notice of Motion within ten days or it will be vacated. Once it’s issued, you must file your motion materials according to the timelines.
REMEMBER that you MUST file your confirmation three days before the motion date or it will be struck from the list.
Long motions require a factum in both paper and electronic format (USB stick).

Doppelgänger, much??

best service ever: i knocked on the door firmly (not the first time i’ve been here and i was getting fed up).

the door was opened abruptly by a girl with a pissed-off expression. “Who th- oh!!!! I love that website!!!” she says, doing a complete 180.

we do the dance and it transpires that she doesn’t actually live there but her bf, who’s my target’s brother, does. she calls him, apologizing for him being really involved in Call of Duty right now.

he comes to the door, stops dead, looking from me to her and back, then says slowly “i know you’re not her mother, cause I’ve met her, but are you, like, an aunt or something?”

the girl and i look at each other:

we both have washed-out red-dyed curly hair (mine is long, hers is shoulder-length
we’re both on the comfortable side of plump – me more so than she
we’re both wearing black-framed glasses
my black t-shirt has I fucking Love Science, hers has Nikola Tesla (all hail!)
I’m wearing charcoal grey microfleece lounge pants, she’s wearing light grey Puma sweat pants
I’m wearing beige suede slip-on loafers, she’s wearing tan suede Birkenstocks.

Whoa.

“… there’s no winning in family court – there are only degrees of losing”: A Cautionary Tale

Never mind that goofy MIP thing, this book should be required reading (and a mandatory purchase!) for all divorcing couples:

“In some cases, the court must deal with “recreational litigants” – parents who literally fight until the children are grown up.

Which is part of the reason Brownstone is donating all the proceeds of his $19.95 book to the Children’s Wish Foundation, which helps children facing life-threatening disease. “I want parents who are fighting over Halloween access and Christmas vacations – who’ve lost sight of the big picture – to know that there are other parents out there who won’t even have the privilege to see their children graduate.

“It breaks my heart that some parents are planning funerals for their children while others are fighting over who gets to take the kids trick or treating.”

Judge Harvey Brownstone, author of Tug of War: A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court

Source: https://www.thestar.com/life/health_wellness/2009/02/07/family_court_judges_book_a_caution_to_warring_couples.html

Never try to shock a Process Server

So my client fills me in: “We asked if we could serve by email – declined. We asked for consent for late service and filing so we could serve via courier – declined. Basically, we were told that our client made a serious mistake by bringing it to court so the other party is going to make our client’s life as miserable as possible.”

The service was in a town over an hour away. I timed it to arrive as close to 9:30 p.m. as possible – I got there at 9:22 p.m.

The lights in the house were off but I could see the blue flicker of a TV so clearly someone was up. The driveway was empty, but a car with a matching description and plate was parked across the street a couple houses up.

I walked up to the door and rang the bell – nothing. Dunno if it was broken or deliberately silenced. So I knocked.

Hard.

Lights came on all through the house and the door was opened by an adult male, Caucasian, black/brown, approx 55, average height, approx 250lbs, wearing Y-fronts.

Blue.

In need of laundering.

And nothing but.

He looked out, saw me, then flung the door wide and stared at me challengingly.

In my head, I’m thinking “Buddy, I’m half Finn. From my perspective, you’re a bit overdressed.”

Served.

SMH

Honestly, some people need to learn that they don’t HAVE to bring their kids absolutely everywhere – especially when they have zero control over them!

Today a couple was at the courthouse with their children – a boy, aged about ten, and a 2 month old infant girl just cute as a button. She was a teensy little thing with a thatch of curly black hair and the biggest, brightest black eyes I’ve ever seen.

The boy was a train wreck: he was running and shouting and yelling all over the place. After about the fiftieth time both the clerk and I said to each other “Excuse me? What? I didn’t get that…” (because we’re speaking through perforated safety glass and his voice and stomping on the marble floor are just echoing all over the place), I went to my bag and retrieved a colouring book and a box of crayons. Up to now, it’s been 99.99% successful in quieting kids down – only two have declined and that was politely.

This kid!? Oh, hell no! He tensed up his body, balled up his fists and shouted “I don’t WANT to colour! I don’t WANT to colour!” and started working himself up into a tantrum. His parents? They just sat there with goofy “Well, whaddaya gonna do?” expressions. I couldn’t take it any more. I looked the brat in the eye and said sternly

“You cannot make that kind of noise in here! People are trying to pay attention and they can’t hear because you’re being rude and loud!” He then twisted up his face and began to bawl in the most exaggerated fashion (“AAAH! AAAH!!! AAAAH!!!”) while – I’m not kidding! – peeking surreptitiously at me to see if it was working!

I turned to the father and said “You need to control him. If you cannot control him, you need to remove him because he’s distracting everybody and the courthouse is not somewhere to make a mistake.”

He apologized profusely and left, taking his son with him, who kicked and screamed the whole way.

Honestly!

Note: yes, yes, well aware the kid might be autistic or have other such developmental issues to which I say (and yes, I’m qualified to speak on the matter) he’s not stupid – he can clearly learn but was never taught to control himself. If he honestly cannot learn, then the parents have no right to bring him into such an environment because it’s unfair to everybody, including the child.

Hello, World!

Hi! I’m Charlene and this is HyperServe – a blog for Process Servers by Process Servers. My intention is that this blog will eventually become a rich resource for Process Servers but I accept the reality that it will more than likely become a collection of maunderings and drivel, lol.

I am located in Brampton, Ontario, and I regularly visit all the courthouses in the GTA – mostly Brampton, but frequently Toronto (393, 47 Sheppard, and 311 Jarvis) and Milton. I also, every now and then, hit up Newmarket, Oshawa, St Catherines, Brantford, Orangeville, Guelph, Kitchener, Hamilton, and Barrie. I went to Belleville once – that was interesting.

If you’re new to Process Serving or are simply trying to learn more about the subject because you need to hire one, take this to heart: they may all be Courts of Justice, but none of the courts follow the same rules. Sure, there are the Family Law Rules and the Rules of Civil Procedure and so on, but each court has its own individual quirks called “Practice Directions”. These could be as minor as requiring ring binders instead of brad fasteners, or as major as requiring Financial Statements for all child support applications, even if Table Amount is the only relief being sought (yes, I’m looking at you, Guelph!).

I’ll try to keep these posts short, sweet, and full of information or at least not boring.

See you next time!