Ontario's normal service rules generally expect a claim to be personally handed to a defendant, or delivered through a small number of other specific approved methods. But sometimes none of that works — a defendant is avoiding the process server, has moved without a forwarding address, or simply can't be located through reasonable efforts. Substituted service exists for exactly this situation: it lets a court permit an alternative method of service once you've shown the normal ones genuinely aren't working.
What substituted service is
Substituted service is a court-approved alternative to the usual ways of delivering a claim. Rather than personal service or one of the other standard methods, the court authorizes a specific different method it's satisfied is likely to actually bring the claim to the defendant's attention. It isn't a way to skip service altogether — the goal is still to get the defendant genuine notice of the case against them, just through a different practical route.
When it comes up
This situation tends to arise in a fairly predictable set of circumstances: a defendant who appears to be deliberately avoiding a process server, a defendant whose current address is unknown despite reasonable efforts to find one, or a defendant who has left the jurisdiction in a way that makes personal service impractical. If you're still trying to track down a workable address at all, see finding an address to serve court papers before assuming substituted service is your only option — it may be that a normal method is still available once you locate the right address.
What a court might approve
There's no single fixed list, since the court has discretion to approve whatever method fits the specific facts of your situation, but examples of methods a court has approved in comparable circumstances include:
- Leaving the claim with a relative of the defendant who lives at the same address, when the defendant themselves is avoiding direct contact.
- Mailing the claim to the defendant's employer, where there's reason to believe it will reach the defendant through that channel.
- Posting the claim on the door of a residence known to be the defendant's, sometimes combined with mailing a copy as well.
What these have in common is that each one is tied to a specific, evidence-based reason to believe it will actually reach the defendant — not simply whatever happens to be convenient for the plaintiff.
Showing you've made genuine attempts
What the court generally wants to see
Before approving substituted service, a court generally wants to see that you've made genuine efforts to serve the defendant through the normal methods first, and a clear explanation of why those efforts didn't succeed.
This usually means more than one attempt at personal service, ideally made at different times of day or on different days, and — where relevant — some effort to confirm the defendant's correct address. The court also wants to understand why the alternative method you're proposing is likely to work where the normal methods didn't. A request that simply says personal service "didn't work" without any detail is much weaker than one that lays out exactly what was tried, when, and what happened.
Bringing the request to the court
A request for substituted service is typically brought as a motion — a formal request asking the court to make an order permitting the alternative method you're proposing. The motion generally needs to set out your attempts to serve normally, why they didn't succeed, and the specific alternative method you're asking the court to allow, along with why you believe it will actually reach the defendant. Because this is a request that depends heavily on the specific facts of your situation, it's worth taking the time to lay out the history clearly rather than relying on a brief or vague explanation.
Documenting your attempts
Good documentation makes a substituted service request far stronger. As you attempt normal service, keep a running record that includes the date and time of each attempt, the address used, who made the attempt, and what happened — for example, no one answered, an occupant said the defendant no longer lives there, or the defendant was seen but refused to accept the documents. If a process server is involved, ask them to keep detailed notes of each attempt, since this record becomes the evidence supporting your motion. Photographs, notes from neighbours or building staff, and any correspondence suggesting the defendant is aware of the claim can all help show the court that normal service has genuinely been exhausted.
Frequently asked questions
What counts as a "genuine attempt" to serve a defendant normally?
Generally, it means real, documented efforts made through the usual methods — such as attempted personal service at a known address, at different times or days — rather than a single try or an assumption that a defendant can't be found.
Do I need a lawyer or paralegal to ask for substituted service?
No, it isn't required, but bringing a motion involves explaining your prior attempts and proposed method clearly to the court, so many people find legal help useful for putting the request together effectively.
What if the defendant still doesn't respond after substituted service is used?
If service was properly completed using the court-approved method, the case can generally proceed, potentially including a default judgment, the same as if the defendant had been personally served and simply chosen not to respond.
Can I serve a defendant by email or through social media?
Not as a standard method, but a court can potentially approve it as a form of substituted service in the right circumstances, if you can show it's likely to actually reach the defendant and that normal methods haven't worked.