by footloose » Wed Sep 15, 2010 08:27:57 PM
Ontario Regulation 258/98 under the Courts of Justice Act, details the "Rules of the Small Claims Court". Rule 8 outlines the requirements for a valid service of documents. If a statement of claim is served by registered mail, the letter MUST BE SIGNED BY THE DEFENDANT and nobody else. Otherwise, the serving of the statement of claim is NOT VALID. You can wait until you receive a default judgement and then file a motion with the court to have the default judgement set aside or request an adjournment of the case citing failure to receive the statement of claim in accordance with Rule 8 as a ground for seeking relief Go to your local post office and request a copy of the signature for this letter. Also, go to the small claims court ( address is on the statement of claim ) and request a copy of the affidavit that was completed by the plaintiff verifying proof of service and see if there is any mention of your signature. This document is signed in the court office under oath and if it mentions that you signed for the document, the plaintiff has committed perjury ( lied under oath ) and the courts take this action very seriously, When you file a motion to the court, include the signature obtained from the post office and the affidavit as support for your claim to have the default judgement set aside or request that the case be adjourned.