A Notice of Civil Claim starts a Supreme Court action, and the Supreme Court Civil Rules require it to be served personally. Here is what that means in practice and what the court will want to see afterwards.
Personal service is required
Under Rule 4-3, an originating pleading such as a Notice of Civil Claim must be served by personal service. Ordinary service by mail, fax or email is not enough for the document that starts the case. The filed copy, bearing the registry stamp, is what gets served.
Serving an individual
The document is handed to the person. If they will not take it, the server identifies the document, leaves it at their feet and records that in the affidavit. That is still personal service. A server does not need the party to sign anything, and a party cannot avoid service by refusing to open an envelope.
Serving a company
A corporation is served by leaving the document with a director, officer or other person in charge at a place of business, or at the registered office shown on the BC company search. The registered office is often a law firm or accountant, so a search before service saves an attempt.
Who can serve
The rules do not require a licensed server; British Columbia does not license process servers. What the rules require is proof, and a professional server's affidavit is written for that purpose. Serving it yourself is legal but leaves you as the witness to service in your own case.
Timing
- A Notice of Civil Claim must be served within 12 months of filing, unless the court extends the time.
- A defendant served in Canada has 21 days to file a Response to Civil Claim. Served in the United States, 35 days. Served elsewhere, 49 days.
Proof of service
Proof is an Affidavit of Personal Service, Form 15. It records who served the document, on whom, where, the date and time, how the person was identified, and what was served. It is sworn before a commissioner and filed at the registry when needed, for example before applying for default judgment. We draft and swear it on every completed serve and file it at the Kelowna registry on instruction.
If the defendant cannot be found
After diligent attempts, the court can order an alternative method under Rule 4-4. The application is supported by an affidavit of attempted service. See when the defendant is avoiding service.
Questions
Can I serve a Notice of Civil Claim by mail?
No. An originating pleading must be served personally under Rule 4-3. Mail, email and fax are ordinary service and do not start the response period.
How long do I have to serve a Notice of Civil Claim in BC?
Twelve months from the date it is filed, unless the court extends the time.
Okanagan Process Servers is a process serving company, not a law firm, and does not give legal or procedural advice. This guide restates publicly available information from the sources on the references page. Rules, forms and time limits change; confirm the current requirement with the registry, the Residential Tenancy Branch or your lawyer.