Brian D. Kwan 
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Facebook used for service of court documents

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This entry was posted on 1/26/2009 12:17 PM and is filed under Corporate,Real Estate.

A while ago, I came across an article citing examples of how court papers could be served on someone using Facebook as the means. It's an interesting idea, but I don't think it will become the norm. After all, it is fairly easy to open up a fake account and say that a person was served, even though it is not one and the same person, nor even an actual person sometimes.

In Ontario, there are much stricter rules for service, which have all been codified in the Rules of Civil Procedure. The rules are fairly clear, but non-compliance is not 100% fatal to the procedure. It does, however, specify the means by which service may be effected, and those means are very specific and narrow.

I've sometimes had consultations with people, usually on family law cases, complaining about the rules of service and that somehow I should find a way around it. The short version of the long explanation I give them is that it is not possible as the other party can simply object to any non-compliance of the rules of service and restart the whole procedure. If you want to change the rules regarding service, then the best person to speak to is your local MPP.

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