Court Information
Windsor Registry No.: 316/13 Date: 2014-03-13 Ontario Court of Justice
In Chambers
Parties
Between:
CHRISTINE REKO Applicant
— AND —
HAIDER SAMMY Respondent
Decision
JUSTICE B.M. TOBIN (endorsement):
[1] The respondent brings a motion without notice requesting an order allowing him to substitutionally serve the applicant with a motion to change by mailing a copy of it to the Family Responsibility Office.
[2] The respondent relies upon subrule 6(15) of the Family Law Rules, O. Reg. 114/99, as amended, which provides as follows:
6 (15) The court may order that a document be served by substituted service, using a method chosen by the court, if the party making the motion,
(a) provides detailed evidence showing,
(i) what steps have been taken to locate the person to be served, and
(ii) if the person has been located, what steps have been taken to serve the document on that person; and
(b) shows that the method of service could reasonably be expected to bring the document to the person's attention. O. Reg. 114/99, r. 6 (15) ; O. Reg. 322/13, s. 4 (2).
[3] The respondent did not cite subrule 6 (15.1) which came into force earlier this year as subsection 4 (3) of O. Reg. 322/13. This subrule provides as follows:
6 (15.1) An order under subrule (15) may be obtained on motion without notice, except where the person to be served is a government agency.
[4] "Government agency" is defined at subrule 2 (1) as: "the Crown, a Crown agency, a municipal government or agency, a children's aid society or any other public body".
[5] The Family Responsibility Office is a government agency. See Director of the Family Responsibility Office v. Grant, 39 R.F.L. (5th) 356, at paragraph [5].
[6] As such the respondent's motion for an order for substituted service by serving the Family Responsibility Office must be served upon it before the motion is heard.
[7] A date for the return of the motion in court is to be obtained through the trial coordination office.
Released: 13 March 2014
Justice Barry M. Tobin