Several years ago, we started a series of jurisdiction-specific posts outlining the Hague Service Convention and options for serving in each place. How to Serve Process in Canada was first published for U.S. litigators in 2017 and has been periodically updated since– including some of my favorite travel pictures from north of the border.* That post lays out general information about the Convention, Canada’s allowable means of service, and a short description of the benefits and drawbacks of each. Rather than make you read up on the whole thing, I want you to have my quick and to-the-point advice:
Just do it privately.
My rationale is very simple. Going this route works, it doesn’t take very long, and it doesn’t require a herculean effort on the part of plaintiff’s counsel. The act of service itself up there looks exactly like it does in New York or Chicago or San Francisco. You just have to do it the right way, and that’s where it can be challenging– especially in Québec, which is proudly French in both linguistics and legal system.
Yes, mail service is valid, but I contend that it’s a bad idea.
Yes, you can Request (that’s capitalized intentionally) that service be directed by an appropriate provincial Central Authority, but that takes a while– usually several weeks, if not months, until proof comes back. And at that, official service relies on a sheriff’s deputies who you hope didn’t have a fight with his wife at breakfast.
But in the English speaking provinces, if you rely on the right process server, there’s no need for hand-wringing over strategy. Just make sure the proof is written up to reflect the proper Article of the Hague Service Convention.
In Québec, if you rely on the right bailiff (Huissier de Justice), there’s also no need for hand-wringing over strategy. Just make sure the proof is written up to reflect the proper Article of the Hague Service Convention.
So how do you go about it?
- You can do it yourself. Find a process server via a Google search, though be warned– just like down here south of the border,** that can be a bit of a gamble. Finding an English speaking bailiff in Québec is simple, too. Finding one who is cognizant of the applicable rules, well… I can’t advise you there.
- Or you could just let my people handle the whole thing for you.
Good luck.
* Or if you’re in Detroit, south of the border.
** Or if you’re in Detroit, north of the border. Seriously, see here.