Small Claims Court is designed for non-lawyers — but service rules still apply, and they’re the most common reason claims get adjourned. Here’s what the Small Claims Court Rules require.
Serving the Plaintiff’s Claim
Under Rule 8 of the Small Claims Court Rules, a Plaintiff’s Claim must generally be served personally on each defendant — or by an alternative method the rules allow (such as leaving a copy with an adult at the defendant’s home plus mailing). The specifics depend on who the defendant is: an individual, a corporation, or a partnership each have their own service rules.
The 6-month clock
A claim must be served within six months of issuance (Rule 8.01(2)) — the court can extend this on motion, but don’t count on it. This catches self-represented plaintiffs off guard constantly — don’t let the claim sit in a drawer.
The defendant’s 20 days
Once served, the defendant has 20 days to file a Defence. That clock only starts with proper service — which is why the affidavit of service matters as much as the delivery itself.
Proof of service
File an Affidavit of Service with the court showing who was served, when, where, and how. At the settlement conference or trial, the judge will want to see it before proceeding.
Common mistakes
- Serving by email or text without a court order allowing it
- Having a friend serve it but getting a sloppy (or no) affidavit
- Missing the 6-month service deadline
- Serving the wrong entity (e.g. serving a store clerk instead of the corporation properly)
Serving a small claims matter anywhere in the GTA? Flat-rate service with court-ready affidavits: (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.