Hoppy Easter everybody!!! Hope the Easter Bunny is good to you, and a quick reminder that Courts will be closed Good Friday, and some also for Easter Monday.
It is that time again everyone! The birds are chirping, snow is melting, March break is now over, Happy Spring everyone!.
With winter finally here, head office will be short staffed today, it will be a miracle really if anyone even makes there way in, the snow will continue all day long. We have about 1 foot on the ground already with more to come. This will obviously also effect many offices in Southern Ontario as they all dig out.
One topic that always comes up between our clients and our offices across Canada is ” …does your affidavit of service need to be Notarized or just commissioned…?”
Its a great question and one that not always is understood as to the difference and the reasons why.
If you are our client and you are sending documents to one of our offices that is outside of your province, take a few minutes and find out for sure which it needs to be.
For us we will always follow what you are asking for, but there is a VERY big difference in how they get completed on our end.
A commissioned affidavit is usually very easy to get done at little to no cost.
On the other hand a Notarized affidavit is much harder, the server needs to make an appointment with a Notary, and travel to that Notary to get it notarized. This option takes time and money, so please make sure that if you only need a commissioned affidavit of service to let us know.
The frustrating part is when the laws in your province clearly state what is needed and a court clerk refuses to take the affidavit the way it was done.
In this case you need to quote the law and statute applicable, and let them know it was completed in accordance with the local laws at the time.
I am putting a link for family law rules in British Columbia that spells out clearly how out of Province matters are to be done.
We will be compiling more for each Province shortly and making a handy reference chart for you, and of course you can always get involved and send us the details for your Province as well!
The above is a question that we get approaching a holiday event all the time, ” Can we legally serve someone on a statutory holiday…?”
The short answer is yes.
But the question is do we really have to?
Unless its a critical emergency we would rather give our servers that day off and especially around Christmas time, it can become more of a question around ” Is this really necessary..?”
So much so that every year we get notices from firms to not serve their claims during the holiday season.
So there you have it, yes we can legally serve on holidays.