- Personal service is the default requirement, but Ontario's Rule 8.04 allows a court to order substituted service when personal service is impractical.
- Before a court will grant substituted service, you must prove you made genuine, documented efforts to locate and personally serve the defendant.
- Common substituted service methods include leaving the claim with a relative, mailing it to an employer's address, or posting it on the defendant's door.
- A substituted service motion is generally brought without notice to the defendant, since notifying them would defeat the purpose.
- Skip-tracing services, social media searches, and Canada 411-style lookups are all evidence courts expect to see before granting the order.
- In rare, extreme cases, a court may even consider dispensing with service entirely — though this is reserved for genuinely exceptional situations.
The Short Answer
If you cannot locate a defendant to serve them personally, Ontario law does not leave your claim stuck. Under Rule 8.04 of the Rules of the Small Claims Court, you can bring a motion asking the court to order substituted service — an alternative method of service, such as leaving the claim with a relative or posting it at a known address — provided you can show genuine efforts to find and serve the defendant have failed.
Why Proper Service Matters So Much
Service is not a formality — it is the legal mechanism that gives a defendant notice of a claim against them and the opportunity to respond. Courts take it seriously precisely because so much rides on it: a defendant who was never properly served can later challenge any resulting judgment. Skipping proper service, or cutting corners, can undo months of otherwise good work on a case.
Step 1: Exhaust Personal Service First
Before a court will even consider substituted service, you need to show you tried the standard methods first — personal service, or an accepted alternative like leaving documents with an adult at the defendant's residence. Attempt service at every address you have for the defendant, at different times of day if reasonable, and keep detailed notes each time.
Step 2: Document Every Attempt
For each attempt, record the date, time, address, method used, and outcome. This record becomes the core evidence supporting your substituted service motion later.
Keep a simple log from the very first attempt — date, address, what happened, who you spoke to (if anyone). Courts want to see a clear pattern of genuine effort, not a vague recollection assembled after the fact.
Step 3: Use Skip-Tracing and Public Records
Before asking a court to authorize an alternative method, strengthen your case by showing you tried to actually locate the person, not just serve a known address:
- Search public directories and online people-search tools
- Check social media for a current address, employer, or location clues
- Consider a professional skip-tracing service for higher-value claims
- Ask mutual contacts or former neighbours, where appropriate, if you genuinely do not know a current address
Step 4: Bring a Substituted Service Motion
Once you have exhausted reasonable efforts, you can bring a motion — generally without notice to the defendant — asking the court to order a specific alternative method of service. Your motion materials should set out:
- Every attempt you made at personal service, with dates and outcomes
- The steps you took to locate the defendant
- The specific alternative method you are proposing
- Why that specific method is likely to actually bring the claim to the defendant's attention
Courts have increasingly required detailed, specific evidence of a plaintiff's efforts before granting substituted service. A motion that simply says “I couldn't find them” without documented attempts is likely to be sent back for more evidence.
Common Substituted Service Methods
| Method | Best For |
|---|---|
| Leaving with a relative | Defendant lives with or near family who will pass on the documents |
| Mailing to an employer's address | Defendant has a known, stable workplace |
| Posting on the residence door | Defendant appears to still reside at a known address but avoids answering |
| Email or social media message | Defendant is demonstrably active on that account or address |
A plaintiff attempts personal service at a defendant's last known address three times, at different times of day, without success. A neighbour confirms the defendant still lives there but is rarely home. The plaintiff brings a motion for substituted service, proposing to post the claim on the door and also mail a copy — a method the court is likely to accept given the specific facts.
Dispensing With Service Entirely
In rare, genuinely exceptional situations — where even a court-ordered alternative method would not realistically reach the defendant — a court may consider dispensing with service altogether. This is an uncommon outcome reserved for cases where the plaintiff has exhausted every reasonable option and can show that no method of service is likely to succeed.
Common Mistakes
Vague memories of "trying a few times" are far weaker evidence than a dated, specific record of each attempt.
Courts expect genuine effort first — a single failed attempt is rarely enough to justify substituted service.
A proposed alternative method should have a real chance of reaching the defendant, not just be the easiest option for the plaintiff.
If the defendant runs a business, service at the business address or through a corporate search may succeed where a home address has failed.
What If the Defendant Is a Corporation?
Corporations can generally be served through their registered office, a director, officer, or a person apparently in charge of the business. If a corporate registered address is outdated or the business appears to have closed, similar substituted service principles apply — the plaintiff must show genuine efforts to reach a responsible person at the company before the court will authorize an alternative method.
See our dedicated guide on suing a business that has closed in Ontario for the specific challenges that arise when the defendant is no longer operating.
Struggling to serve a defendant who has moved or disappeared? Call our Toronto litigation lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
Substituted service is a court-ordered alternative method of serving a claim, used when personal service — physically handing the documents to the defendant — has proven impractical. It is authorized under Rule 8.04 of the Rules of the Small Claims Court and requires the plaintiff to satisfy the court that reasonable efforts to serve personally have failed.
There is no fixed number, but courts expect to see genuine, repeated, well-documented efforts — not a single failed attempt. You should be prepared to explain when you tried, where, what happened, and why you believe the proposed alternative method will actually succeed in bringing the claim to the defendant's attention.
Courts generally expect efforts such as attempting service at the defendant's last known home and work addresses, searching public records and directories, checking social media for a current address or employer, and in some cases retaining a skip-tracing service. The goal is to show you made a genuine, good-faith attempt, not just a token one.
No. A substituted service motion is generally brought without notice to the defendant, since the entire point is that you cannot locate or reach them through normal means. Notifying them would defeat the purpose of the motion.
Common examples include leaving the claim with a relative of the defendant, mailing it to the defendant's employer's address, or posting it on the door of a specific residence. The court will order whichever method is most likely, given the specific facts, to actually bring the claim to the defendant's attention.
In some circumstances, yes — courts have increasingly accepted email, social media messaging, or other electronic methods as substituted service, particularly where you can show the defendant actively uses that account or address. This is decided case by case, based on how likely that method is to reach the defendant.
In rare and genuinely exceptional cases, a court may consider dispensing with service altogether, though this is reserved for situations where even substituted service would not realistically bring the claim to the defendant's attention, and the plaintiff has exhausted all reasonable options.
Somewhat. Corporations can often be served through their registered office, a director or officer, or a person apparently in charge of the business. If the corporation's registered address is out of date or the business has closed, similar substituted service principles apply, focused on methods likely to bring notice to someone responsible for the company.
It varies by courthouse, but since the motion is generally brought without notice and decided on the papers, it can often be resolved without the delay of a full hearing — though preparing the necessary evidence of your prior efforts takes time on the front end.
Not necessarily, but the motion requires a clear, well-organized account of your efforts to locate the defendant, and courts can be strict about what qualifies as sufficient diligence. Professional help can improve your chances of the motion being granted on the first attempt, rather than being sent back for more evidence.