Some respondents go to remarkable lengths to avoid a process server: never answering the door, “moving” without a forwarding address, hiding behind relatives. Ontario law anticipated this. When personal service is impractical, Rule 16.04 of the Rules of Civil Procedure allows substituted service — but only with a court order.
What substituted service is
It’s exactly what it sounds like: the court substitutes another method of service for personal delivery. Common examples include leaving documents with an adult at the respondent’s home, posting them to the door plus mailing a copy, or — increasingly — service by email or social media message.
You need a judge’s permission first
You can’t just decide to tape documents to a door. Your lawyer must bring a motion for substituted service, showing the judge:
- Genuine, documented attempts at personal service were made
- The proposed alternative is likely to come to the respondent’s attention
This is where a process server’s detailed attempt log becomes evidence. Every failed attempt we document strengthens the motion.
What judges want to see
Judges look for diligence: varied attempt times (mornings, evenings, weekends), a reasonable number of attempts, and investigation into the respondent’s whereabouts. Two attempts on consecutive Tuesday afternoons won’t cut it.
After the order
Once granted, service is effected exactly as the order directs — and the affidavit of service must describe compliance with the order precisely.
Dealing with an evasive respondent in the GTA? We document every attempt to motion-ready standards. Call (647) 761-9091.
Articles are general information about Ontario process serving, not legal advice.
About the Author
Muhammad Arbab Abbasi runs GTA Process Server, serving court documents across the Greater Toronto Area. He is a litigation professional with 18+ years of legal experience in Pakistan, including 14 years as Senior Partner (Litigation) and Founder of Attorney’s Syndicate in Islamabad, and has completed paralegal studies with Honors at Humber College, Toronto.