Rule 16.02 of the Ontario Rules of Civil Procedure describes personal service by who receives the papers. For an individual, personal service means leaving a copy of the document with that individual. This article sets out what that rule provides. Other laws and the facts of a situation may also matter, and they are not covered here.
What "personal service" means
In civil actions in the Superior Court of Justice, rule 16.02(1)(a) of the Rules of Civil Procedure says service on an individual, other than a person under disability, is made "by leaving a copy of the document with the individual."
Rule 16.01(1) says an originating process, such as a statement of claim, is served personally under rule 16.02 or by an alternative under rule 16.03.
The rule also says the server does not need to carry the original: "A person effecting personal service of a document need not produce the original document or have it in his or her possession."
The Small Claims Court (rule 8.02(a)) and the Family Law Rules (rule 6(3)(a)(i)) have comparable wording: a copy is left with the individual or person to be served.
What rule 16.02 provides
Rule 16.02(1)(a) is about who receives the document: the individual. This article does not say where or when service may or may not be made. Whether service at a particular place or time is proper depends on the facts and on other laws that are not covered here. A lawyer or licensed paralegal can speak to them.
The rules on timing of service also have their own provisions, such as rule 3.01(1)(d), which says service of a document, other than an originating process, made after 4 p.m. or at any time on a holiday is deemed to have been made on the next day that is not a holiday.
Where the rules do mention a workplace
The rules mention a place of business in the provisions for serving a corporation, a partnership or a sole proprietorship.
For a corporation, rule 16.02(1)(c) allows service by leaving a copy "with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to be in control or management of the place of business."
Partnerships and sole proprietorships have similar wording in rule 16.02(1)(m) and (n): a person at the principal place of business who appears to be in control or management.
The Small Claims Court and Family Law Rules have comparable wording for corporations.
If personal service does not work at home
The rules include an alternative. Under rule 16.03(5), if an attempt at personal service is made at a person's place of residence and personal service cannot be effected, the document may be served by leaving a copy, in a sealed envelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household, and mailing another copy the same or next day. Service this way is effective on the fifth day after mailing.
For more on what can happen when someone cannot be found, see /blog/what-if-the-person-cannot-be-found-or-avoids-service/.
Who can do the serving
The Family Law Rules, rule 6(1.1), say a person serving a document must be at least 18 years old. For many family applications, the person serving cannot be the party who started the case. For some documents, such as a summons to witness, rule 6(4) says special service is to be carried out only by a method set out in clause 6(3)(a), which includes leaving a copy with the person, unless the court orders otherwise.
Rose City Process Servers serves court documents in Windsor and Essex County on flat rates, up to three attempts, with an email after each attempt with the time, GPS location and a photo, and a sworn Affidavit of Service included. We do not draft documents or give legal advice. See /faq/ or /process-server-windsor/, or call (226) 773-4813.
Related reading: What If the Person Can't Be Found for Service?.
This article is general information, not legal advice.
Sources
- Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rules 3.01, 16.01, 16.02 and 16.03: https://www.ontario.ca/laws/regulation/900194
- Rules of the Small Claims Court, O. Reg. 258/98, rule 8.02: https://www.ontario.ca/laws/regulation/980258
- Family Law Rules, O. Reg. 114/99, rule 6 (checked 2026-10-17): https://www.ontario.ca/laws/regulation/990114
Related service: personal service of court documents in Windsor-Essex.
Have documents to serve?
Call or text (226) 773-4813, or email info@rosecityprocessservers.ca and we will tell you what is possible.