"Can I just email it to them?" is one of the most common practical questions once a Small Claims Court case is underway. The honest answer depends entirely on which document you're trying to serve — the rules treat the initial claim very differently from almost everything that follows it.
Why the initial claim is treated differently
The document that actually starts a case — the Plaintiff's Claim — generally has stricter service requirements than later documents, because it's the document that first gives a defendant real notice that they're being sued. See serving the defendant for the general process, and substituted service for how an alternative method — which can sometimes include email — may become available with the court's permission if personal service genuinely isn't working.
What can generally be served by email
Beyond the initial claim, most other documents in a Small Claims Court case — a Defence and most subsequent filings — can generally be served by mail, courier, personal service, or email, unless a specific court order says otherwise for your case. This is a meaningfully more flexible standard than what applies to the initial claim, and it's worth knowing so you don't assume every document needs the same formal process.
Which email address to use
Where a document is being served by email, the rules generally point to the last email address the person or their representative actually provided for the case, or their last known email address if none was provided. For a lawyer or paralegal whose address wasn't otherwise provided, the address published on the Law Society of Ontario's own website is generally the one to use. Double-check you have the current, correct address before relying on email service for anything time-sensitive.
When email service counts as complete
Timing matters here, especially around a deadline. Email service is generally treated as effective the day it's sent — except an email sent later in the evening is often deemed effective the following day instead. Because the exact cutoff and current wording of this rule can change, and because getting a deadline wrong can have real consequences, confirm the current rule directly rather than relying on a summary (including this one) for anything deadline-critical.
What about social media or direct message?
Service through a social media platform or direct message isn't a standard, automatic method the way email service for later documents generally is. Where personal service of the initial claim genuinely isn't working, this is the kind of alternative method that would typically need to be proposed to the court as part of a substituted service request — see substituted service for how that process works, rather than assuming a direct message alone is sufficient on its own.
What to keep as proof of service
- The actual sent email, including the date and time sent.
- Confirmation of the exact email address used, and how you confirmed it was correct.
- Any read receipt, reply, or other confirmation the document was received, where available.
- A copy of exactly what was attached or included in the email.
Frequently asked questions
Can I serve the initial Plaintiff's Claim by email?
Generally not as a first option — the initial claim has stricter service requirements than most other documents. If personal service genuinely isn't working, substituted service (which can sometimes include email or another alternative method) requires the court's permission.
Can a Defence be served by email?
Generally yes — a Defence and most documents other than the initial claim can generally be served by mail, courier, personal service, or email, unless a court order says otherwise.
Which email address am I supposed to use?
Generally, the last email address the person or their representative actually provided for the case, or their last known email address if none was provided. For a lawyer or paralegal, the address published on the Law Society of Ontario's website is generally used if none was otherwise provided.
When does email service count as complete?
Generally the day the email is sent — except an email sent later in the evening is often deemed effective the next day instead. Confirm the current rule's exact timing before relying on it for a deadline.