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Service of Claim by Email Not Permitted by Ontario Superior Court
At a recent ex parte motion, the Ontario Superior Court in Waterloo (City) v. Townsend, [2011] O.J. No. 1861 denied the plaintiff’s motion to serve its claim by email. The motions judge was unconvinced that the proposed method of substituted service would likely bring the claim to the defendant’s attention.
From a reliability standpoint, the court held that regular mail was “tried and reasonably reliable” as compared to email which was of an “entirely different and inferior category”, according to the court. Moreover, since service to the postal box and other addresses of the defendant’s business did not bring the claim to his attention (owing to the collapse of that business), it was also unlikely that the email address attached to that business was a viable substitute.
For additional information, visit:
https://service.clearservice.com/itcan/campaignimages/1/www/newsletters/050511.pdf