Toronto Injury Lawyer Blog
2024 was a great year. But, that’s not to say that we here at Goldfinger Injury Lawyers wouldn’t like to see some changes to how things play out for litigating personal injury cases in Ontario.
New Years is a great time for top 10 or top 5 lists for changes we’d like to see. But, I know that such changes aren’t realistic because the wheels of change when it comes to the legal system turn very slowly, or simply don’t turn at all!
That’s why I’m going to focus this edition of the Toronto Injury Lawyer Blog on just one procedural change which I’d like to see in 2025. Just one change! That’s it! It’s not a big ask at all. It doesn’t impact the merits of the claim, nor does it impact how cases are heard/adjudicated thereby giving one party any sort of procedural advantage. The change is neutral, and is intended to save everyone, along with the Courts time and money. It has to do with the service of the Statement of Claim and motions for Substituted Service in Ontario.
New Rules for Substituted Service Motions
Courts don’t have the time, man power, or money to keep up. They are constantly understaffed and backlogged. They cannot keep their heads above water.
There are steps which the Rules require parties follow to push a case through the system. One of the most basic procedures is serving the Statement of Claim on the Defendant.
Often times, a Defendant’s address changes. Perhaps they have moved. Perhaps they are avoiding/evading service. Perhaps they have fled the province or the country.
What happens when a Plaintiff cannot serve the Statement of Claim on the Defendant because they’ve vanished? Does the case end right there? No, it doesn’t. There is a mechanism is the Rules of Civil Procedure which has contemplated such an occurrence; because it happens more than you would think.
