Summary
Rule 12 of Ontario Small Claims Court procedures requires that all defendants be served with an amended claim before it is filed in court. This rule applies even if new defendants are added. If a defendant cannot be located, you may request a motion for substituted service, which allows for alternative methods of serving documents. Consult the court for specific options and always seek legal advice for your particular situation.Full Conversation
I had sent three copies along with a 7A for amended claim , i had sent to court first before sending to defendants
In Ontario Small Claims Court, Rule *.*(*) specifies that the defendant should be served the amended claim before it's filed in court. This could be the reason why your claim was returned. Please serve the defendant first, then file it in court.
even if there are added parties.
When you say "added parties", are you referring to additional defendants to your claim? In Ontario, Rule *.*(*) still applies even if there are more defendants. You must serve all parties before filing the amended claim in court.
correct
In Ontario, Rule *.*(*) applies even when new defendants are added. You must serve all defendants, including new ones, with the amended claim before filing it in court. This could be why your claim was returned.
One of the defendants is no longer employed at company ,and unsure if request a motion through courts to send to family member
In Ontario, serving a document to a family member is usually not acceptable. You're required to serve the defendant directly. If you can't locate them, you might be able to request alternate service methods from the court.
what alternate service would this be through the court
In Ontario, alternate service methods may include:
- Mailing the document to the defendant's last known address.
- Leaving the document with an adult at the defendant's residence.
- Posting the document in a prominent place.
- Emailing the document, if permitted.
Please consult the court for specific options.
unable to locate anywhere
In Ontario, if you're unable to locate a defendant, you can request a motion for substituted service. This is a court order that allows you to serve documents in a manner different from what is usually required under the rules. You should consult the court for more details.
thank you
You're welcome! If you have any other questions or need further clarification, feel free to ask. Remember, always consult with a legal professional for advice tailored to your specific circumstances.
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