1. Purpose: what this process aims to do
Service formally gives a document to another party. Filing submits it to the court. Serving the court does not serve the other party, and emailing the other party does not file the document. Rule 6 gives permitted methods, effective dates, and proof. The rule for the document and any court order determine whether regular or special service is needed.Check: Family Law Rules — 6
What it can and cannot do
What this rule can and cannot do: Valid service gives the other party formal notice and starts some response periods. It does not file a document, obtain a hearing date, or turn a regular email into special service. If the usual method will not work, a court can authorize substituted service under Rule 6(15).Check: Family Law Rules — 6(15)
2. Forms and documents you need
| Document | When you need it | What to include |
|---|---|---|
| Form 6B — Affidavit of ServiceCheck: Official family forms — Form 6B — Affidavit of Service | Common proof of service. | The server records who served, what was served, who received it, the method, place or address, and date and time; swear or affirm it. |
| Forms 6 and 6ACheck: Official family forms — Forms 6 and 6A | Only for the acknowledgment or advertisement routes they apply to. | Check Rule 6 before choosing one. They do not make an otherwise invalid method of service valid. |
| Service email | When regular email service is permitted. | Recipient, document description, sending date and time, and a contact name and phone number for transmission difficulties under Rule 6(14.1). |
Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 6
3. Put the package together
How to prepare
- Identify the document and the required service method.Routine material can often be served regularly, including by email. An Application or the initiating documents for a motion to change generally need special service. Some contempt, witness, or imprisonment-related documents have stricter personal-service requirements. Check Rule 6(4) and the rule for your particular document.Check: Family Law Rules — 6(4)
- Find the correct recipient.Regular service generally goes to the other party’s lawyer of record if they have one; otherwise use the party’s address for service on their latest filed document. A changed address for service must be promptly served on the other parties and filed with the court.Check: Family Law Rules — Rule 6
- Choose a server.The person serving must be at least 18. For an Application, motion to change, and documents listed in Rule 6(4), the party required to serve generally cannot personally perform the special service. Have another adult serve, subject to Rule 6(4.2)’s exceptions.Check: Family Law Rules — 6(4), 6(4.2)
- Keep an exact record.Record the documents, recipient, method, date and time, address, and any delivery or email record. Have the person who served complete and swear or affirm Form 6B where required; file proof with the documents.Check: Family Law Rules — Rule 6
How to serve by email
Use email only when regular service is permitted and send it to the proper address for service. Identify the case and attached documents, include the sender and contact details required by Rule 6(14.1), save the sent email and attachments, and check the 4 p.m. effective-date rule. Email alone is not valid special service merely because the recipient reads it.Check: Family Law Rules — 6(14.1)
Where are the page and evidence limits?
Rule 6 is about delivery and proof, so it does not set a general page or evidence allowance for the document being served. The current rule limits fax service to 20 pages for documents relating to a single step, counting a cover page, unless the parties consent in advance or the court orders otherwise. It also restricts faxing a trial record, appeal record, factum, or book of authorities without advance consent. A motion affidavit or conference brief still has its own page and exhibit limits in the Superior Court direction.Check: Family Law Rules — Rule 6(14) (fax method limits)Check: Provincial direction — paras. 49–54, 95–103 (event limits)
4. Get it before the court
Serving documents does not obtain a court date. Get the timetable from the Application, conference or motion you are serving. If a valid service method cannot be used, a substituted-service order may be sought under Rule 6(15).Check: Family Law Rules — Rule 6
File the documents through the right channel
Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18
Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33
5. Service, filing and the timeline
The trigger below may be service, a refusal notice, a court decision or the claim document itself. You do not wait for a new hearing date when the rule requires action earlier.Check: Family Law Rules — Rule 6
- First determine the effective service date.Email or fax shown as sent by 4 p.m. generally counts that day; after 4 p.m. counts the following day. Personal special service under Rule 6(3)(a) or (b) follows a similar 4 p.m. rule.Check: Family Law Rules — Rule 6(11), (11.1)–(11.3) (effective service)
- Other common methods have different dates.Ordinary mail is effective on the fifth day after mailing. Same-day courier is effective the day after pickup; next-day courier two days after pickup. Special service by leaving a copy with an adult resident and mailing another copy under Rule 6(3)(d) is effective on the fifth day after mailing.Check: Family Law Rules — Rule 6(7)–(10), (11.3)
- Move a closed-court effective date forward.If an effective date calculated under Rule 6(7)–(11.2) falls when court offices are closed, Rule 6(11.3) moves it to the next open day.Check: Family Law Rules — 6(7), 6(11.3)
- Then count the response or hearing deadline.Apply Rule 3 to the effective service date and the rule for the proceeding. For example, an ordinary Answer has its own period after service of the Application; motions and conferences have deadlines counted back from their hearing dates.Check: Family Law Rules — 3
- File the material and proof.Complete Form 6B or another permitted proof under Rule 6(19), follow the filing direction, and keep the court’s acceptance confirmation. Service alone is not filing.Check: Family Law Rules — 6(19)
Example: an email sent Monday at 4:12 p.m. is generally effective Tuesday, if Tuesday is an open-court day. Check the address, permitted method, and any order before using the example.Check: Family Law Rules — Rule 6
6. Hot points to remember
- Application or motion to change?Do not assume email is enough; check special service and who may serve.Check: Family Law Rules — Rule 6
- Residence plus mail is two acts: Leave a copy with an adult resident and mail another copy that day or the next day as Rule 6(3)(d) requires.Check: Family Law Rules — 6(3)(d)
- Avoiding service does not end the case: If ordinary methods fail, Rule 6(15) allows a court order for substituted service; document the attempts and ask the court rather than inventing a method.Check: Family Law Rules — 6(15)
- Form 6B is about the service actually performed: The person who served should give the facts accurately. A sent email, a sworn affidavit, and court acceptance serve different purposes.Check: Family Law Rules — Rule 6
Ottawa and scope
This explains Ontario Rule 6 with an Ottawa Superior Court focus. The Ottawa local notice and provincial direction tell you where to file; they do not replace service on the other parties. A court order, international service rules, or a special proceeding may change the method. Check current directions before acting.