International Service of Process In Canada
International service of process in Canada can be completed through both formal method of the Hague Service Convention as well as the informal method of service via agent.
PROCESS SERVICE IN CANADA UNDER THE HAGUE CONVENTION
International service of process in Canada can be completed through the Hague Convention, which was ratified by Canada on September 26, 1998 and its provisions into force entered on May 1, 1999.
In Quebec, Canada allows mail service but as this is often contested it is recommended to go through the process of formally serving an individual or corporation. Specifically in Quebec Canada provides direct access to a huissier de justice, who is responsible for serving process through Article 5 requests. This can cut down on waiting time by as much as a month or two.
In the rest of Canada outside of Quebec, service is available under Article 10(b) by individual process servers. With these types of process servers, it’s critical to get the appropriate proof of service. Not getting the correct proof can result in dismissal of a case or inability to collect on a judgment.
If you are looking to serve a subpoena, that cannot be served under the Hague Service Convention and would instead need to be served through the Hague Evidence Convention. See Serving a Subpoena Under the Hague Convention for more information.
Translation of Documents
With varying provinces, Canada requires different translations for each. For the majority, documents must be translated into French or English. In Quebec, documents are strongly recommended to be translated to French. However, with the applicant’s consent it can be served in its original form, but this method runs the risk of being rejected if the recipient refuses to accept the documents on the basis of not understanding its content.
Process for service under the Hague Convention in Canada
The proper forms and payment are sent to the Central Authority in Canada. Once the documents are sent to the Central Authority, you will not receive any updates until the proof of service or non-service is sent back to your office.
For more information on what to expect during service under the Hague Convention, take a look at International Service of Process Under the Hague Convention.
INFORMAL SERVICE OF PROCESS IN CANADA
Canada provides many ways to expedite service under the Hague Convention, so they will not uphold a ruling or judgment where service has not been completed through the formal method. However, there are instances where service via agent will be adequate for a case. By going through the informal method, you can save considerable time and money in comparison to the formal method.
To find out if your case can be handled through an informal method of service, contact us.
SERVING DOCUMENTS IN CANADA
The ability to complete service in Canada through a hussier or process server can significantly cut down on the amount of time for service. As translations and what type of individual can be used to effectuate service depending on the province, it’s important to be aware of the correct requirements in order to obtain an affidavit that will hold up in court.
The staff of DGR Legal are not lawyers, nor is our organization a law firm. The information provided on this website does not, and is not intended to, constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
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