Introduction:

In civil litigation, serving legal documents is a critical step in ensuring the parties involved are aware of the case and have an opportunity to respond. But what happens when you can't serve someone in accordance with Alberta's rules of service? Whether the individual is evading service, their whereabouts are unknown, or personal service just isn't possible, there is an alternative: substitutional service.

In this blog, we will explore what substitutional service is, the legal process involved, and how it can be used to keep your case moving forward even when direct service is out of reach.

What is Substitutional Service?

Substitutional service is a method of delivering legal documents when conventional methods of service—such as personal delivery or registered mail—are unsuccessful. It involves seeking court permission to use alternative methods to notify the person involved in the lawsuit.

This could include delivering documents to a third party, publishing a notice in a newspaper, posting the documents at a known address, or even emailing the documents. The goal is to ensure the individual is reasonably informed about the legal proceedings, even if traditional service methods have failed.

When is Substitutional Service Allowed?

The court will allow substitutional service only when you've made a genuine effort to serve the person using the usual methods and can prove that those efforts have been unsuccesful. In Alberta, the rules for civil procedure are outlined in the Alberta Rules of Court, and specific guidelines apply to service.

To seek substitutional service, you typically need to demonstrate:

1. Due Diligence: That you've made exhaustive efforts to locate and serve the individual. This could include multiple attempts at their home or work, checking with known associates, or using private investigators.

2. Evading Service: If you have reason to believe the person is intentionally avoiding being served.

3. Unknown Whereabouts: If the individual's current address or location is unknown after reasonable inquiries.

The court will assess your situation to determine whether substitutional service is the best course of action under the circumstances.

How to Apply for Substitutional Service in Alberta

To proceed with substitutional service, you must file an application with the court. This application should include a sworn affidavit detailing the steps you've taken to serve the individual and why these methods have failed. The affidavit should include:

• Details of each attempt to serve the individual.

• Any information you've gathered about their current location or contact methods.

• Proposed alternative methods for serving the documents.

Once you've submitted the application, the court will review it. If the court agrees that substitutional service is appropriate, they will issue an order allowing the alternative method you’ve proposed.

Alternative Methods of Substitutional Service

The court will consider various methods for substitutional service, depending on the specific circumstances. Some common methods approved by courts in Alberta include:

• Service by Regular Mail: If the court is satisfied that you have the correct address and the individual is evading service, you may be permitted to serve the documents by regular letter mail. 

• Delivering Documents to a Third Party: If the court is satisfied that a trusted third party (such as a family member or roommate) will deliver the documents to the individual, this may be permitted.

• Posting at the Last Known Address: If the person’s last known address is confirmed, but they’re avoiding service, the court may allow posting documents on the door or in the mailbox.

• Email or Social Media: In the digital age, serving documents via email or even social media platforms may be approved if there's evidence that the person frequently uses these channels.

• Publication: In cases where the individual's location is entirely unknow, the court may allow publishing a notice in a newspaper or other public medium as a last resort.

The Importance of Proper Service

Why is proper service so important in civil litigation? Proper service ensures that the person being sued has a fair chance to respond and participate in the legal process. Without proper service, the court cannot proceed with the case, and any judgment could later be challenged on the grounds that the individual was not adequately notified.

Substitutional service is an essential tool for moving forward when traditional service methods aren't working, but it’s also a process that requires careful adherance to the court's rules and guidelines. A poorly executed substitutional service could lead to delays in your case or an invalid service altogether.

Final Thoughts: Using a Process Server for Substitutional Service

Given the complexities and legal requirements around substitutional service, it's often beneficial to use a professional process server to handle the job. A skilled process server can document the attempts at service, help gather the necessary evidence for court applications, and propose effective alternative methods of service. In Alberta, many top process servers offer real-time updates and reports on service attempts, which can be vital when presenting your case to the court.

When you're unable to serve someone, don’t let your legal proceedings stall—explore substitutional service as an effective option to ensure your case continues to move forward.

Need Help with Service of Process? If you're struggling to serve someone and are considering substitutional service, contact a professional process server today to discuss your options. Get the expertise you need to navigate the legal system smoothly and keep your case on track. Get Your Free Quote Today!

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