Serving legal documents

• Once the Plaintiff files a Statement of Claim, their legal assistant arranges for service on the Defendant.
• Throughout the lawsuit, both sides serve each other with filed documents.
• Service involves providing the document to the other party as per the Rules of Court.
• These rules detail different service methods and apply to Statements of Claim and other documents.

Service of the Commencement Document

• The Statement of Claim or Originating Application can be served in a various ways.

Service on Individuals, Trustees, Personal, or Litigation, Representatives - Rules 11.5, 11.6, 11.7

• This service may be completed by:
  • Leaving a copy with the individual;
  • Sending by registered mail/courier where the documents are signed for.
• Personal service involves delivering a document copy to an individual.
• Law firms may hire a third party process server to serve individuals with court documents in civil cases.
• Process servers will prepare an Affidavit of Service for an additional fee.

Corporations - Rule 11.9

• Service of a corporation may be completed by:
  • Leaving a copy with an officer who appears to have management or control;
  • Sending the document by registered mail/courier to the corporation's principal place of business where the documents are received by someone who signs for them;
  • By registered mail under s. 256 of the Business Corporations Act., which is effective after 7 days within Alberta/14 days within Canada and does not require a signature.

Partnerships - Rule 11.11

• Service of partnership may be completed by:
  • Delivering the document to a partner;
  • Delivering to a person who appears to have management or control responsibilities at the principal place of business or where the claim arose;
  • Sending the document by registered mail/courier to the principal place of business where the documents are received by someone who signs.

Limited Partnerships – Rule 11.10

• Service of a limited partnership may be completed by:
  • Delivering the document to a general partner;
  • Delivering to a person who appears to have management or control responsibilities at the principal place of business or where the claim arose;
  • Sending the document by registered mail or courier to the principal place of business where the documents are received by someone who signs for them.

Limited Liability Partnerships – Rule 11.11

• Limited liability partnerships may be served like a partnership.
• Section 92 of the Partnership Act allows service of a limited liability partnership by registered mail.
• Service under this Act is effective after 7 days within Alberta/14 days within Canada and does not require a signature.

Service According to a Contract – Rule 11.3

• In contract lawsuits, the contract may have a term specifying how service is accomplished.

Party Providing Address for Service – Rule 11.15

• A party that has filed a document in a lawsuit may be served at the address for service provided in the filed document.

Service on Solicitor - Rule 11.17

• A commencement document may be served on a lawyer if they accept service in writing, according to Rule 11.16.
• Documents other than commencement documents may be served if the lawyer personally accepts or by any form of delivery where the lawyer signs.
• Many law firms use a service admitted stamp to acknowledge service.
• It is important that a legal assistant not accept service without first checking with the lawyer.

Service Outside of Alberta

• Serving a party outside the province is called Service Outside of the Jurisdiction (previously service ex juris).
• Originating documents may be served outside Alberta if there is strong connection with the Province, such as:
  • The claim relates to land/contracts made or performed/governed by the laws of Alberta or the Defendant is a resident in Alberta.

Service of Subsequent Documents

• Subsequent documents can be served through previously mentioned methods.
• Also, subsequent documents may be served by fax if a fax number is provided in the header of the court document filed by a party.
• Documents sent via fax necessitate confirmation that the transmission was successfully received.
• Originating documents must be served on the individual/corporation or by substitutional service if the above are not effective.
• Service by fax is not a method of service for originating documents.

Proof of Service

• An Affidavit of Service proves service.
• If the Defendant does not respond to a served Statement of Claim within 20 days, the Plaintiff may win by default.
• The Court requires proof the Defendant knew about the lawsuit to prevent unfair default wins.
• The deponent for an Affidavit of Service is usually the person who served a document.

Proof of Service on an Individual

• Information needed for the Affidavit of Service when an individual was served personally:
  • Deponent: The person who gave the document to the Defendant.
  • Exhibits: None, as the document that was served is in the court file
  • Effective date of service: When delivered to the individual

Proof of Service by Recorded Mail

• Recorded Mail is a term defined in the Rules of Court and means any method of delivery for which the recipient must sign.
• This includes both registered mail, through Canada Post and courier.
• Information needed for Affidavit of Service:
  • Deponent: The person who arranged for mailing or couriering the document, usually the legal assistant
  • Exhibits:
    • Delivery Confirmation (the Post Office document that shows when the document was sent).
    • Signature (the Post Office document that shows who signed for the document).
  • Effective date of service:
    • When signed for by the individual; or
    • For subsequent documents, service is effective either when signed for by the individual or seven days after the document was sent, even if proof of delivery is not received by the sender.
    • This point does not apply to Statements of Claim or Originating Applications.

Proof of Service on Solicitor

• Formal proof is not usually required for this type of service.
• If formal proof does become necessary, then an Affidavit of Service would be prepared.
  • Deponent: The person who sent the document to the other lawyer, usually the legal assistant
  • Exhibits: Stamped copy received back from the other solicitor stating that he or she accepted service
  • Effective date of service: When signed for by the lawyer

Proof of Substitutional Service

• To prove substitutional service, the law firm creates an Affidavit detailing how service was accomplished.
• The deponent is whoever carried out the service (e.g., process server attaching document, legal assistant placing notice).

Proof of Service by Fax

• Deponent: The person who sent the document by fax, usually the legal assistant
• Exhibits: Fax Confirmation from the office's photocopier that confirms that the fax was successfully sent
• Effective date of service: When received