"serving Papers" In Canada

[birchy]

So my buddy has an agressive alcoholic neighbor who he's had some major issues with for the past number of years. It came to a head this past weekend and so my buddy and his wife decided to get a restraining order for this guy. Asked me to serve the papers for him.. "SURE! sounds like fun".

 

So I go over there last night.. neither my buddy or I thought of it at the time.. but I had never actually SEEN this dude, so I had no idea what he looked like. I figured it'd be fairly simple... "hi there, I have a delivery for John Doe", "yeah thats me", "here you go, you've been served." Turns out... even while drunk (his breath had me buzzing almost), the guy was clever enough to figure something was up and I could NOT for the life of me get him to say that HE was John Doe. We went around and around for a bit but in the end, "John Doe lives here, but he's out right now.. you should send that via Canada Post because it's not registered mail and I don't want to take it because he might not want it."

 

Wow.. I just got out-smarted by a drunk. Feels wonderful.

 

So I go back to my vehicle and phone my buddy.. he's like "yeah, wife was listening at the window and heard the whole thing.. I didn't even think.. I have pictures on my camera I could've shown you.." Okay, well let's see the pictures and I'll have another go at it. Well, second time he wouldn't open the door.

 

Which leads me .. finally .. to my question. Do any of you know if it's law in Canada that the person has to actually SAY, "yes, i'm John Doe" or "yes, that's me" in order for you to legally serve them papers? If I had have seen the pictures beforehand and knew for sure it was him, could I just have said "John Doe, you've been served" and literally tossed the papers inside his place?

 

We've done some searching on the internet and it's not so clear.. but it seems like in Canada, as long as you know the person lives there, it doesn't necessarily have to be them that you talk to.. that if someone answers the door (roommate, family, whatev), and they appear to be over 16 years old, that you can just give them the papers and its legal. But does anyone know for sure?

[LynnF]

Do you have to file an Affidavit of Service once served? I'm just trying to see if serving a restraining order is the same thing as serving other legal documents (which I just did a month ago and know the ins and outs of the whole process). If you do have to file an Affidavit of Service then I'd say NO the guy doesn't have to identify himself. All you need to do is declare (through the Affidavit of Service) that you served him or someone over the age of 16 who resides in the household to meet the legal requirements of the restraining order.

[birchy]

Do you have to file an Affidavit of Service once served? I'm just trying to see if serving a restraining order is the same thing as serving other legal documents (which I just did a month ago and know the ins and outs of the whole process). If you do have to file an Affidavit of Service then I'd say NO the guy doesn't have to identify himself. All you need to do is declare (through the Affidavit of Service) that you served him or someone over the age of 16 who resides in the household to meet the legal requirements of the restraining order.

 

We're pretty sure I do have to sign the Affidavit, yes. Thanks Lynn!

[birchy]

*update*

 

My buddy just emailed me.. my wife delivered the papers successfully this afternoon. hahaha. I guess people aren't so suspicious of a woman with a baby in her arm!

 

Signed - Proud husband.

[dube]

Woman are always better at dirty work. I thought it went without saying. It's my go to any time there is some hell to be raised.