FAQ — Rule 16 Process Serving | Eastern Ontario

Question 1

What is a process server?

Accepted Answer

A process server is a professional who delivers legal documents — such as court summonses, subpoenas, divorce papers, and notices of motion — to individuals or businesses named in legal proceedings. In Ontario, proper service is required by the Rules of Civil Procedure to ensure that all parties are formally notified of legal actions against them.

Question 2

What does "Rule 16" refer to?

Accepted Answer

Rule 16 refers to Ontario's Rules of Civil Procedure, which govern how legal documents must be served in civil court proceedings. Our company name reflects our commitment to full compliance with these rules — every service we complete follows the prescribed methods and timelines set out under Rule 16 and related provisions.

Question 3

Why does proper service matter?

Accepted Answer

Improper service can result in a court refusing to proceed with your case, or a judgment being set aside. Courts require strict compliance with service rules to protect the rights of all parties. Using a professional process server ensures your documents are served correctly, on time, and with a sworn affidavit that will stand up in court.

Question 4

Who typically uses a process server?

Accepted Answer

Our clients include law firms, paralegals, insurance companies, financial institutions, and self-represented litigants. Anyone who needs to formally serve legal documents in a civil, family, or small claims matter can benefit from professional process serving.

Question 5

What types of documents do you serve?

Accepted Answer

We serve a wide range of legal documents including: Statements of Claim, Statements of Defence, Notices of Motion, Applications, Subpoenas, Family Law documents (divorce applications, custody motions), Small Claims Court documents, Demand Letters, Notices of Examination, and more. If you're unsure whether we can serve your document, contact us and we'll advise you.

Question 6

Do you offer same-day or rush service?

Accepted Answer

Yes. We offer same-day and rush service for urgent matters. Contact us directly by phone or email to discuss your timeline and we will do our best to accommodate. Rush service may be subject to an additional fee depending on location and urgency.

Question 7

Do you file documents at the courthouse?

Accepted Answer

Yes. In addition to personal service, we offer court filing services. We can attend the courthouse on your behalf to file documents, obtain court stamps, and return filed copies to you. This is particularly useful for law firms and paralegals managing high volumes of filings.

Question 8

What is skip tracing?

Accepted Answer

Skip tracing is the process of locating an individual whose current address is unknown. If you have a party who has moved or is avoiding service, we can conduct a skip trace to locate them before attempting service. This service is available as an add-on to standard process serving.

Question 9

Can you serve corporations or businesses?

Accepted Answer

Yes. We serve corporations by delivering documents to a registered office or an officer of the corporation, in accordance with the Business Corporations Act and the Rules of Civil Procedure. We can also conduct corporate searches to confirm the registered address before attempting service.

Question 10

How is my flat rate calculated?

Accepted Answer

Every service fee is calculated using the same transparent formula: $100.00 base fee + (round-trip kilometres × $0.50/km). Mileage is measured both directions from our office at 5 Court Street, Kingston. For example, a service address 45 km away (like Napanee) is a 90 km round-trip, so the fee is $100 + (90 × $0.50) = $145. Pre-calculated flat rates for over 40 communities are listed on our pricing page.

Question 11

What is included in every service fee?

Accepted Answer

Every flat rate includes up to 3 distinct service attempts at the target address, a comprehensive attempt log (useful for Rule 16.04 Substituted Service motions), a sworn or affirmed Affidavit of Service executed by a Commissioner for Taking Affidavits, a PDF copy emailed immediately upon execution (original mailed upon request), and printing of up to 50 pages of legal documents. Additional pages are $0.25/page.

Question 12

Do you charge if service is unsuccessful?

Accepted Answer

Yes — our flat rate covers the service attempts themselves, regardless of outcome. This is standard practice in the industry and reflects the real cost of travel and time. If service cannot be completed after 3 attempts, we will provide a detailed attempt log and recommend next steps such as a substituted service motion or skip tracing.

Question 13

How do I pay?

Accepted Answer

We accept e-transfers to Info@Rule16.ca. Law firms and paralegals with ongoing volume may be eligible for monthly invoicing. Contact us to discuss billing arrangements that work for your practice.

Question 14

Where do you serve documents?

Accepted Answer

We are based in Kingston, Ontario and serve the entire 613 area code region. Our coverage includes Kingston, Ottawa, Brockville, Smiths Falls, Napanee, Belleville, Trenton, Cobourg, Peterborough, Pembroke, Renfrew, Carleton Place, Perth, Gananoque, Prescott, and surrounding communities.

Question 15

Do you serve documents in Toronto or the GTA?

Accepted Answer

Our primary coverage is the 613 area code region of Eastern Ontario. For Toronto and GTA matters, we can refer you to trusted process servers in that region. Contact us and we will connect you with the right resource.

Question 16

How is the mileage charge calculated?

Accepted Answer

Mileage is charged at $0.50 per kilometre, measured both directions (round-trip) from 5 Court Street, Kingston. The formula is: $100.00 base fee + (round-trip km × $0.50). For example, Brockville is approximately 70 km one-way (140 km round-trip), so the flat rate is $100 + (140 × $0.50) = $170. Your exact rate is always quoted upfront before we proceed — no billing surprises after the file closes.

Question 17

What is an Affidavit of Service?

Accepted Answer

An Affidavit of Service is a sworn legal document completed by the process server after service is made. It records the date, time, location, and manner of service, along with a description of the person served. It is sworn before a commissioner of oaths and filed with the court as proof that proper service was completed.

Question 18

Are your affidavits accepted by Ontario courts?

Accepted Answer

Yes. Our Affidavits of Service are prepared in compliance with Ontario's Rules of Civil Procedure and are accepted by all Ontario Superior Court of Justice, Ontario Court of Justice, and Small Claims Court locations.

Question 19

What if the person refuses to accept the documents?

Accepted Answer

Under Ontario's Rules of Civil Procedure, personal service can be effected by leaving the documents with the individual even if they refuse to take them. Our process servers are trained to handle refusals properly and will document the circumstances in the Affidavit of Service.

Question 20

What is substituted service?

Accepted Answer

Substituted service is a court-ordered alternative method of service when personal service cannot be effected despite reasonable efforts. This may include service by mail, email, posting on a door, or service on a family member. We can assist you in preparing the motion materials needed to obtain a substituted service order.

Question 21

How do I submit a service request?

Accepted Answer

Use our online Service Request form to provide the details of your matter, upload your documents, and specify any special instructions. We will review your request and confirm receipt within one business day. For urgent matters, call us directly.

Question 22

What information do I need to provide?

Accepted Answer

To process your request we need: the full name and last known address of the person to be served, the documents to be served (uploaded as PDF, Word, JPG, PNG, or TIFF), your contact information, and any relevant deadlines or special instructions. The more detail you provide, the faster we can act.

Question 23

How will I receive updates on my service?

Accepted Answer

We provide real-time status updates by email. Once service is completed, you will receive your sworn Affidavit of Service electronically. If you require a physical copy, let us know in your service request.

Question 24

How quickly will you attempt service after I submit a request?

Accepted Answer

Standard requests are typically actioned within one to two business days of confirmation. Rush and same-day requests are available — contact us directly to arrange. We will always confirm your timeline before proceeding.

Frequently Asked Questions

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