Monica Gangar – You’ve been served! Published September 16, 2025.
Has someone come to you and given you court documents and told you that “you’ve been served” or “you’ve been given notice”? No idea what this means? Well, continue reading!
What is service?
Service is the process by which one party gives court documents to another party to notify them of their legal matter and what they are asking the courts for. For example, if you were going to file an Application About Enforcement against the other party for non-payment of child support, you would need to send your filed Application to the other party so they are notified about the issue, your position on the issue, and the court date scheduled on the matter.
Why is service important?
Serving the other party with court documents is important so that they are notified of the claims being made against them, have the opportunity to respond with their own materials, and that they are aware of any scheduled court time.
In court, judges will often ask if the parties have been served. It is common practice to show to the courts that you served another party by completing a Certificate of Service in Provincial Court, or an Affidavit of Service in Supreme Court. These are court forms where the person who served the documents needs to write down the specifics of the date, time, and method of service, as well as attach proof. If a person has not been served, then your matter may be adjourned to allow for service to happen.
How is service done?
Service is usually completed by one person giving the documents to another person. Or, a professional third party company, called a process server, will give the court documents on behalf of one party to the other party.
The serving of documents varies from document to document and which level of court the document is used in. The rules on how service can be done can be found in the Provincial Court Family Rules or the Supreme Court Family Rules websites, or on the court documents themselves.
Some documents need to be served by personal service. This usually happens when one person starts proceedings in court. The courts want to make sure that all the parties are aware of the start of a legal file. If the Rules say something must be served personally, then they must be given to the other party in-person. However, if you are serving a corporation, union, or city, you may have to serve the person in charge of those groups, as they are not an individual.
Most other documents can be served by ordinary service. Ordinary service is usually done by mail, email, or fax.
What happens when the other party is MIA?
If the other party in your matter is MIA or ‘missing in action’, you may have to retain the services of a process server company to help track down the other party. Alternatively, if you have details for the other party, you may be able to ask permission from the courts to serve the other party in a way which is different from what is set out in the Rules.
Some important considerations:
- Do not ignore court documents
Sometimes it can be easy to ignore court documents, or think that you have a longer time to respond than actuality. Do not ignore any court documents that you receive, and immediately review them so you are aware of the deadlines to file response materials and if there is an upcoming court date. If you need legal assistance, you can reach out to a lawyer, or duty counsel at the court house.
- Stay organized
It is important to stay organized. If you have an active court file, it is a good idea to keep a record of the documents. Whether it is a physical binder or online cloud storage, come up with a system that works for you. Also, note down any key dates so you do miss any court appearances or deadlines.
- Some applications can be done without notice
Service is not always a requirement as there are some court applications that can be done without notice to the other party. For example, Protection Order applications can be done without notice when there is a risk that providing notice, or giving the documents to the other party, may lead to family violence or harm to the party bringing the Application. In that case, they do not have to serve documents to the other party.
Disclaimer – By contacting Portside Law Corporation through email, phone or direct message does not establish an attorney-client relationship. An attorney-client relationship is formed once both parties agree in writing to such a relationship. The information found in this document is of general nature and is not intended to be legal advice. Please contact our office to speak further about any particular legal question you may have.