How to Hire our Servers

Canadian Process Serving offers document and courthouse services to lawyers, law firms, companies, and private individuals in both Canada and the U.S. Please find all relevant information below. If you have a question that has not been answered below, give us a call at 1-800-465-7378 and we’d be happy to assist you.

GUIDELINES:

For Canadian Law Firms:

If you are a Canadian lawyer / law firm requiring document service, you may mail or courier your documents directly to the office that is closest to where you require service. If you’re not sure which office is closest, please look at the top of this page ^( look straight up)^ and look under  “Office Locations”. You will see that we have our corporate offices listed by Province. For example, if you look under the Province of Ontario you will see that we have 62 offices alone. By taking the time to locate the closest office you can have your matter taken care of sometimes the same day saving you a lot of time, expense and headaches along the way. If you are not sure were the service is located you may also use our powerful Postal Code search feature. You may also email your services or questions directly to our offices or fax documents to 1-866-837-0331.

We would also like to point out that to save time and money you can email your documents and instructions to us as well, just visit the office in question and send your instructions directly to our field office.

Please make sure that you send your documents to the right office, we do not take responsibility for files sent to the wrong office location.

Our reliable team of process servers will take care of the service for you, and provide you with an Affidavit of Service or Attempted Service. Our head office will provide you with a detailed invoice soon afterward.

If your documents must be served within 24 hours, please call our head office first at 1-800-465-7378, or 905-529-2770. Our servers can be very busy, especially in the cities, and we will need to confirm first that they are available at such a short notice. Most times they will be able to accommodate you, but please call to check before sending your documents. It would also help to put us on notice that you have an impending emergency a quick email to our office in question will let us know what is going to happen shortly.

Our process servers can also attend local courthouses on your behalf and do issuings, filings, and litigation searches. Just send your paperwork to the applicable office along with a company cheque to cover any issuing / filing fees. A quick note also about the courts, at times we and you will find each court has their own specific way of doing things, even right down to the individual clerk, this can be frustrating at times to you, just imagine how we feel when we encounter this! Obviously because of this you may have documents rejected and we of course can’t be held liable for these actions of the courts.

If for some reason you can’t get a cheque from bookkeeping at times we can provide this for you, please indicate this in your letter of instruction to us.

A copy of our current service price list can be obtained by emailing us at serve@canadianprocessserving.com or calling 1-800-465-7378.

Private Companies and Individuals in Canada: 

If you are a private company / corporation or private individual (in other words, not a lawyer or law firm), Canadian Process Serving Inc requires a $300 retainer to be paid up front via  certified cheque, money order, or credit card. (We regret that we do not accept personal cheques). We deduct the fees for your service from this retainer and refund you the balance if one remains after service. If paying by credit card, please call 1-800-465-7378 during our regular office hours (Monday to Friday, 9-5 EST) and have your credit card number ready. We will debit your card for the required amount and provide you with an authorization number that must be mentioned in your letter of instruction to the process server- for example ‘Retainer paid by Visa, authorization no. XXXXX’.

*Click for Checklist Form – Fill out and include with documents for service*

Once payment is made, please feel free to send your documents, accompanied by a cover letter, to the appropriate office. Although we are happy to assist you with serving them, we regret that we cannot provide assistance or advice in filling out legal forms. In your letter accompanying your documents, please include the following information:

-Your name, address, and telephone number

-Name of the person(s) to be served, and their address(es). This piece of information is mandatory- we cannot do a service without an address.

-The best time of day to serve this person, if possible

-The maximum number of times you would like the server to attempt service before calling you for further instructions.

-A list of the documents you are serving on them (ie. Plaintiff’s Claim, Statement of Claim, etc). This information is required for the affidavit.

-A photograph of the person being served, if possible. If not, a general description is helpful.

Once service is completed or ended at your request, you will receive an Affidavit of Service or Attempted Service directly from the server. All charges for the service will be deducted from your retainer, and any money not used will be refunded to you via cheque or the remainder put back on your credit card. The cheque will accompany an itemized statement of charges issued by our head office, which you should receive soon after your Affidavit arrives. Please be aware that from the time of service till when you will receive your final invoice could be any were from 2-4 weeks.

We understand how confusing and stressful that this entire procedure can be, don’t worry we can help you!

When you have all your documents ready for service, or if you have a question in relation on how to do all of this just give us a call and we will try to answer your questions.

Although we are well versed with many aspects of the justice system, we are not lawyers and can’t give you legal advice.

A copy of our current service price list can be obtained by emailing us at serve@canadianprocessserving.com or calling 1-800-465-7378. If you are unavailable to call us during working hours email us and we will see if we can book a time in the evening hours for you to talk with a staff member.

We reserve the right at any time to cancel any and all matters we may be doing for you regardless of timelines when we feel that a client is acting in an unprofessional manner towards us.

Using our services means you have agreed and will abide by the terms mentioned or any and or all communications from us.

U.S. Law Firms

If you are a U.S. lawyer / law firm requiring document service, you may mail or courier your documents directly to the office that is closest to where you require service. (If you’re not sure which office is closest, please use our powerful Postal Code search feature.) You may also fax certain types of documents (ie Statement of Claim) to 1-866-837-0331. Our reliable team of process servers will take care of the service for you, and provide you with an Affidavit of Service or Attempted Service. Our head office will provide you with a detailed invoice soon afterward.

If your documents must be served within 24 hours, please call our head office first at 1-800-465-7378, or 905-529-2770. Our servers can be very busy, especially in the cities, and we will need to confirm first that they are available at such a short notice. Most times they will be able to accommodate you, but please call to check before sending your documents.

Our process servers can also attend local courthouses on your behalf and do issuings, filings, and litigation searches. Just send your paperwork to the applicable office along with a company cheque to cover any issuing / filing fees.

A copy of our current service price list can be obtained by emailing us at serve@canadianprocessserving.com or calling 1-800-465-7378.

CUSTOMER CODE OF CONDUCT

We reserve the right at any time to cancel any and all matters we may be doing for you regardless of timelines when we feel that a client is acting in an unprofessional manner towards us.

You will be responsible for any costs associated with completing any and all work done or not done by us at this time.

Using our services means you have agreed and will abide by the terms mentioned or any and or all communications from us.

Companies and Private Individuals in the United States:

Canadian Process Serving Inc has years of experience serving documents for US clients in Canada. American companies and private individuals are required to pay a retainer via certified cheque, money order, or credit card. (We regret that we do not accept personal cheques). If paying via credit card, please call 1-800-465-7378 during our regular office hours (Monday to Friday, 9-5 EST) and have your credit card number ready. We will debit your card for the required amount and provide you with an authorization number that must be mentioned in your letter of instruction to the process server- for example ‘Retainer paid by Visa, authorization no. XXXXX’.

Once payment is made, please feel free to send your documents, accompanied by a cover letter, to the appropriate office. We strongly recommend that you also include a blank affidavit of service, as wording and informational requirements in affidavits can vary from one jurisdiction to another. The server will take care of filling it out, having it notarized, and returning it to you.

Private individuals are encouraged to provide the following information in their cover letter to the server:

-Your name, address, and telephone number

-Name of the person(s) to be served, and their address(es). This piece of information is mandatory- we cannot do a service without an address.

-The best time of day to serve this person, if possible

-The maximum number of times you would like the server to attempt service before calling you for further instructions.

-A list of the documents you are serving on them (ie. Plaintiff’s Claim, Statement of Claim, etc). This information is required for the affidavit.

-A photograph of the person being served, if possible. If not, a general description is helpful.

Once service is completed or ended at your request, you will receive an Affidavit of Service or Attempted Service directly from the server. All charges for the service will be deducted from your retainer, and any money not used will be refunded to you via cheque in US Funds. This cheque will accompany an itemized statement of charges issued by our head office, which you should receive soon after your Affidavit arrives.

A copy of our current service price list can be obtained by emailing us at serve@canadianprocessserving.com or calling 1-800-465-7378. All advertised prices are in Canadian dollars.

We reserve the right at any time to cancel any and all matters we may be doing for you regardless of timelines when we feel that a client is acting in an unprofessional manner towards us.

Using our services means you have agreed and will abide by the terms mentioned or any and or all communications from us.

Canadian Process Serving Terms of Service

Effective as of February 1, 2020.

The Terms of Use set forth herein (the “terms”) are a legal contract between you and Canadian Process Serving Inc. (“Canadian Process Serving”, “Us” or “We”) and apply to all websites and services operated and owned by Canadian Process Serving Inc. (hereafter referred to as “Sites”, “Site”, “Services” and “Service”).

PLEASE REVIEW THESE TERMS CAREFULLY. By accessing this Site or using the Service, you agree to be bound by these terms. If you do not agree to be bound by these Terms of Service in their entirety, you may not access this Site or use the Service.

If you are using the Site for your company or law firm’s use, you represent that you are an authorized representative who has the authority to legally bind your company or firm to these Terms. The words “you” or “your” whether or not capitalized, as used herein, refer to all individuals and/or entities accessing or using the Site or Service, for any reason.

These terms will change from time to time, we will notify you of these changes by placing a notice on the top of this page and by changing the Effective note which appears at the top of this page. Your continued use of the Site or Service after the changes have been made indicate your full acceptance of the modified terms.

1. Trademarks and Intellectual Property
This Site is protected by copyright, intellectual property and other private property laws. The content on this Site may not be copied, redistributed or created derivative work of without the prior written consent of Canadian Process Serving.

2. Not Legal Advice
The content on this Site will not be taken, used or considered as legal advice. Canadian Process Serving does not have authority to provide legal advice on any matter, including, but not limited to, the deficiency of your document or the manner in which your document must be served on an opposing party. Any information from us you decide to act on, will be done so at your own risk and Canadian Process Serving, our agents and affiliates will not be held liable. If you require legal advice you are advised to contact a lawyer.

3. Refunds
Canadian Process Serving does not process refunds. All accepted work orders are final, and fees are non-refundable.

4. Delivery Information
You agree that all information furnished to us is accurate and complete. Should you fail to provide an accurate address or complete information, service of process will be deemed delivered at the address provided in the information furnished to us. Incomplete or incorrect information may result in multiple fees being charged, because process of service will need to be re-attempted. Each attempt to an additional address will be billed as a new order, and applicable fees and charges will apply.

5. Delivery
Rush Assignments
A rush assignment is defined as any assignment, where, counting from the day the documents to be served or filed are received from you, (i) the deadline for service is within 5 business days, (ii) you request that the assignment be completed within 5 business days, or (iii) you request receipt of affidavit of service within 5 business days.

Same Day Service
A same day assignment is defined as any assignment where the client requests that service or filing be made the same business day as the date the documents are received from the client. Assignments submitted after 4pm and to be served on the “next day” will be considered “same day” service and applicable charges and fees will apply.

Attempts
In the event the first attempt is unsuccessful, by default we will make two additional attempts, at additional cost to you. If you do not want us to make these additional attempts, you must advise us in advance.

6. Fees
All fees and charges are final, regardless of the efficacy of service of process.

Evading Service
Should you be aware that a party to a proceeding is evading service, you are required to inform us of this in advance. If we discover a party is evading service, we may at our sole discretion charge for each additional attempt after the initial attempt, or as soon as it becomes apparent to us.

Surveillance
To serve evasive defendants Canadian Process Serving may suggest that you undertake surveillance or private investigation services as part of your service of process. This service will be charged at an additional fee per hour and is non-refundable.

Substituted Service
Should a substituted service be used, additional charges for postage and handling will apply. Incidental expenses for tolls, parking, etc., will be billed.

Service by Mail Without Personal Service
To complete service by mail without attempting personal service, is generally only permissible if ordered by the court. If this is the case, you will need to provide us with the applicable court order.

7. Late Fees
With respect to all law firms, payment is due immediately on the receipt of invoice. In the event a chargeback on a credit card or PayPal account is resolved in our favor, you will be responsible for a late fee.

8. Suspension and Acceleration
If you owe any amount to us, or if your use or access to the Site violates the terms herein or violates the rights of any third party or is considered unlawful (as determined by us in our sole discretion) then we may, without limiting its other rights and remedies:
(a) accelerate any unpaid fee obligations so that all such obligations become immediately due and payable; and
(b) suspend access to and use of the Site and/or the Services.

9. Collecting Outstanding Fees
To collect outstanding fees Canadian Process Serving may provide your account to a collection agency.

Future Service
If your account is in arrears and you wish to continue using our services you will either need to (i) pay for the requested service in advance or (ii) pay your outstanding balance on accounts owed, whichever we deem fit at our sole discretion.

Handing Over To Collections Agency
Should your account be in arrears for 30 days from date of invoice you may be handed over to a collections agency. Once collections proceedings are commenced you will be responsible for any costs, we incur for commencing collection with the help of an agency including, but not limited to, our legal fees and court costs.

Chargebacks
We reserve the right to place chargebacks in collection after 24 hours after such action has taken place.

Withholding Affidavit of Service
Should you owe unpaid fees and charges to us, we reserve the right to withhold any affidavits of service until fees and charges have been paid in full. This is in addition to any other rights and remedy we may have.

Payment for Service
If you are a law firm using our services, the law firm (including, where applicable, a sole practitioner) is responsible for being our invoices. Your client’s failure to pay you, including failing to pay disbursements related to our services, do not negate, suspend or limit your financial responsibility for services provided by us.

10. Submitting Documents
By submitting your documents to us, whether such submission is made via fax, email, regular mail, personal delivery or any other form of delivery, you agree to all the terms and conditions applicable to all transactions with Canadian Process Serving.

All documents need to be submitted at once. Whether these documents are submitted via fax, regular mail or email; we do not take responsibility for loss of documents or incomplete process of service due to submission of documents via multiple faxes, emails or regular mail communications. If you’re sending your documents as a PDF attachment, be sure that all documents are sent in one PDF attachment.

It is your responsibility to ensure that the cover page or order request conveys the complete instructions for service, such as the party to be served and the documents being served, and to include the correct documents.

11. Limitation of Liability
Canadian Process Serving may add services or remove services at our sole discretion without prior notice. The extent of our liability for executing services will never exceed our cost of the applicable service at the time you ordered the applicable service. You agree that should we be unable to execute the service we will only be liable for the cost of the primary service (excluding additional charges and fees). In the event we have attempted to execute service we will be exempt from all liability including, but not limited to, liability for any and all direct and indirect losses howsoever incurred.

Further, and in addition, we will not be liable or responsible for any failure to perform, or delay in performance of, any Services that is caused by events outside our control. Our performance will be deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable efforts to end the event or to find a solution by which our obligations may be performed despite the event.

14. Mandatory Mediation and Arbitration
If you have any dispute, issue, or concern (“Dispute”) with us relating to our delivery of the Services set out in these terms, or the application, interpretation, implementation or validity of the terms set out herein, you agree to resolve such Dispute through mediation with ADR Chambers in Ontario before pursuing any other remedy, proceeding, or complaint. Without limiting the foregoing, you agree that prior to making any written or oral complaint to any bureau or agency (including by way of example, the Better Business Bureau), or posting to any social media forum (including by way of example, Google Reviews, Yelp, or any other such similar forum), you shall attempt to resolve any such Dispute through mediation with ADR Chambers.

We or you may serve notice on the other to resolve a Dispute by mediation. The mediator shall be appointed by mutual agreement or, if we and you cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by ADR Chambers.

The mediation will be held at (*) or by phone as we and you may mutually agree, and you agree to attempt to resolve the Dispute at mediation. The costs of the mediator shall be shared equally by you and us. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any you or us may terminate the mediation and proceed to arbitration as set out below.

Subject to the mediation provisions set out above, if any dispute or controversy occurs between the you and us relating to any Dispute, or the interpretation or implementation of any of the provisions of this Agreement, the Dispute will be resolved by arbitration at ADR Chambers in Ontario pursuant to the general ADR Chambers Rules for Arbitration. Any Party may serve notice of its desire to refer a Dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario. The arbitration shall proceed in accordance with the provisions of the Ontario Arbitration Act. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.

Nothing herein shall preclude us from seeking injunctive relief in the event that without such injunctive relief, serious harm may be done to us. You hereby irrevocably authorize, instruct and direct us, on behalf of and as attorney for you, to execute any and all documents required to be executed pursuant to the provisions hereof and to do all such other things as may be necessary or advisable in connection therewith, it being expressly understood and intended that the grant of the foregoing Power of Attorney is coupled with an interest to do so.