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Province of Ontario. Document General. Form 4 Land Registration Reform Act. D. FOR OFFICE USE ONLY. New Property Identifiers Additional: See Schedule. Executions
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welcome everyone this is our murmur stock from you counsel in todays lecture well talk about service of court documents in Ontario this lecture deals specifically with matters proceedings in the Superior Court of Justice in Ontario does not deal with matters that relate to small claims court however the rules relating service are quite similar in small claims court and in Superior Court so you will benefit from this lecture even if your matter is in severe in small claims court now this this topic has become come a few times I had interactions with some of you who had specific questions about service of documents in their own proceedings and then I ended up dealing with this matter in one of my own court cases where on behalf of my client I had to bring a motion to the court and ask for for a relief on substituted service not something that well cover today but but it has become an important topic so I thought itll be prudent to cover it now we begin with our usual disclaimer that this course is not legal advice so if you have any specific questions regarding your issues you should contact a lawyer or a paralegal or contact the Law Society of Ontario to get a referral now there are different types of court documents and some of these documents are statement of claim notice of action notice of application statement of defense counterclaim third party claim cross-claim reply affidavit of documents so these are all documents that are referred to in the Rules of Civil Procedure in Ontario and so how do you serve those documents on different parties that is all specified in the Rules of Civil Procedure but were going to focus today on the service off originating process which is the most important topic and why were going to talk about originating process will cover that let me explain what an originating process is and this is covered under rule 10 3 sub 1 there are specific documents that are considered documents of originating process statement of claim obviously notice of action notice of application and application for certificate of appointment of an estate trustee a counterclaim against a person who is not already a party to the main action and a third party or subsequent party claim if you go to on google if you go to the Rules of Civil Procedure open it right here under rule 10 three sub one this is defined the originating process is defined here and so these are specific documents that are listed here and they constitute originating process now why do you need to effect proper service for the originating process why is why is this so important I think you can understand from the nature of these documents that these are the documents originating process documents are the ones that actually start a court proceeding so if its a claim then its starting a court action if its an application then its starting an application so an originating process is the very first argument that allows you or a party to commence a proceeding in the Superior...