Acts and Regulations

Rule-18 - SERVICE OF PROCESS

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Full text
Current to 1 January 2024
SERVICE
RULE 18
SERVICE OF PROCESS
18.01When Personal Service is Necessary
Originating Process
(1)An originating process
(a) shall be served personally unless provided otherwise by an Act or by these rules, and
(b) need not be served on a party who has filed and served a defence.
Other Documents
(2)Other documents need not be served personally unless personal service is expressly required by an Act, these rules, or an order of the court.
18.02How Personal Service Shall be Made
(1)Personal service shall be made as follows:
Individual
(a) on an individual, other than a person under disability, by leaving a copy of the document with him;
Local Government
(b) on a local government, by leaving a copy of the document with the mayor, deputy-mayor, clerk, assistant clerk, or with any solicitor for the local government;
Other Corporation
(c) on any other corporation, by leaving a copy of the document with an officer, director, or agent, or with the manager or a person who appears to be in control or management of any office or other place where the corporation carries on business in New Brunswick;
Board, Tribunal or Commission
(d) on any board or commission, by leaving a copy of the document with the secretary, an officer, or a member;
Persons Out of New Brunswick Carrying on Business in New Brunswick
(e) on any person out of New Brunswick who carries on business in New Brunswick, by leaving a copy of the document with any person in New Brunswick carrying on business for him in New Brunswick;
Crown in Right of New Brunswick
(f) on the Crown in Right of New Brunswick, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
Crown in Right of Canada
(g) on the Crown in Right of Canada, by serving in accordance with the provisions of the Crown Liability Act (R.S.C. 1970, c.C-38);
Attorney General
(h) on the Attorney-General, by leaving a copy of the document to be served with him or with any lawyer employed in the Office of the Attorney General, the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch, at Fredericton;
Minor
(i) on a minor, by leaving a copy of the document with his parent, his guardian, or another adult with whom or in whose care he resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him;
Persons with a Representative, Committee or Lack of Capacity
(j) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of the document with the committee; on a person for whom a representative has been appointed under the Supported Decision-Making and Representation Act, by leaving a copy of the document with the representative; on a person who lacks the capacity to make decisions with respect to the proceeding but for whom a representative has not been appointed, by leaving a copy of the document with the person and with the person in whose care the person resides;
Persons in Psychiatric Facilities
(k) on a person to whom section 44 of the Mental Health Act applies, in accordance with the procedure provided therein;
Absentee
(l) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his committee;
Partnerships
(m) on a partnership by leaving a copy of the document with one or more of the partners or with any person at a place of business of the partnership who appears to be in control or management;
Sole Proprietorship
(n) on a sole proprietorship, by leaving a copy of the document with the sole proprietor or with any person at a place of business of the sole proprietorship who appears to be in control or management;
Unincorporated Associations
(o) on an unincorporated association, by leaving a copy with an officer of the association or with any person at any office or premises occupied by the association who appears to be in control or management.
(2)When effecting service of a document, it is not necessary for the server to produce the original document or have it in his possession.
2006, c.16, s.95; 2008-58; 2012, c.39, s.81; 2013, c.42, s.10; 2017, c.20, s.87; 2019, c.2, s.79; 2020, c.25, s.65; 2023-67
18.03Other Ways to Effect Personal Service
Where available
(1)With the exception of Rules 33.03 and 55.03, where personal service is required by these rules, any appropriate method of service authorized by this subrule may be used.
Service on Solicitor
(2)A party who is represented by a solicitor may be served by leaving a copy of the document with his solicitor if the solicitor endorses on a copy his acceptance of service and the date of his acceptance. By so doing, the solicitor shall be deemed to represent to the court that he has the authority of his client to accept service.
Service by Prepaid Mail or Prepaid Courier
(3)Where personal service of a document may be made by leaving a copy with a person pursuant to Rule 18.02(1), such service may be made anywhere in Canada by sending a copy of the document, together with an Acknowledgement of Receipt Card (Form 18A), by prepaid mail or prepaid courier addressed to the person at the last known address of the person.
(4)Service by prepaid mail or prepaid courier shall be deemed to have been effected only if any one of the following is returned to and received by the sender:
(a) the Acknowledgement of Receipt Card bearing a signature which purports to be the signature of the person to whom the document was sent;
(b) a post office receipt bearing a signature which purports to be the signature or a copy of the signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing bearing a signature which purports to be the signature or a copy of the signature of the person to whom the document was sent; or
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
(5)Service by prepaid mail or prepaid courier shall be deemed to have been effected on the date the sender receives a receipt or confirmation under paragraph (4).
Service at Place of Residence
(6) Where an attempt is made to serve a person personally at his place of residence and such service cannot be effected, the document may be served on him by leaving a copy in a sealed envelope addressed to him, with any person who appears to be an adult and an occupant of the dwelling in which the person to be served resides, and on the same or next day sending another copy of the document by prepaid mail, addressed to the person to be served, at his place of residence.
Service on a Corporation
(7) Where an office of a corporation or other place where it carries on business in the province cannot be found and is not located at any address given in the last statement of the corporation delivered to the Service New Brunswick, the corporation may be served by mailing a copy of the document addressed to the corporation at that address and by mailing a copy of the document to one of the officers of the corporation at his address shown on the last statement of the corporation delivered to the Service New Brunswick.
92-3; 99-71; 2006, c.16, s.95
18.04Substituted Service
(1)Where personal service of a document is required by these rules, and it appears to the court that it is impractical to effect prompt personal service, the court may make an order for substituted service.
(2)In an order for substituted service, the court shall specify when service in accordance with the order is effective.
86-87
18.05Where Personal Service Not Required
A document which is not required to be served personally on a person
(a) where he has a solicitor of record, shall be served upon him by serving that solicitor, and such service may be effected by mailing a copy of the document addressed to the solicitor at his business address, and
(b) where he has no solicitor of record, may be served upon him by mailing a copy of the document addressed to him at the last address for service furnished by him or, if no such address has been furnished, at his last known address.
18.06Service by Mail
Where personal service is not required and where the mailing of a document is authorized or required by these rules, the document shall be sent by prepaid mail or prepaid courier and service shall be deemed to have been effected on the third day following the date the document was sent.
92-3
18.07Service on Solicitor of Record
(1)Where service of a document on the solicitor of record for a party is authorized or required by these rules, the document may also be served
(a) by leaving a copy with an employee in the office of the solicitor, or
(b) by faxing the document to the office of the solicitor in accordance with paragraph (2) but when it is faxed between 4 p.m. and midnight, service shall be deemed to have been made on the following day.
(2)A document to be served by fax shall include a cover page indicating the following:
(a) the name, address, telephone number and fax number of the sender;
(b) the name of the solicitor to be served;
(c) the date the document is faxed;
(d) the total number of pages to be faxed, including the cover page; and
(e) the name and telephone number of a person to contact if problems occur when the document is faxed.
90-20; 2010-61; 2012-86
18.07.1Service by Electronic Mail
(1)Where service of a document on a solicitor is authorized under Rule 18.03(2) or where service of a document on the solicitor of record is authorized or required by these rules, the document may also be served by attaching a copy of the document to an e-mail message sent to the solicitor’s e-mail address in accordance with paragraph (2). Service under this paragraph is effective only if the solicitor being served provides by e-mail to the sender an acceptance of service and the date of the acceptance, and where the e-mail acceptance is received between 4 p.m. and midnight, service shall be deemed to have been made on the following day.
(2)The e-mail message to which a document served under paragraph (1) is attached shall include:
(a) the sender’s name, address, telephone number, fax number and e-mail address;
(b) the date and time of transmission;
(c) the name and telephone number of a person to contact in the event of transmission problems.
2010-61
18.08Service Not Conclusive
(1)Whether or not a person has been served with a document in accordance with these rules, the person may show on a motion to set aside the consequences of default, or on a motion for an adjournment of a proceeding or for an extension of time, that the document
(a) did not come to the person’s notice, or
(b) came to the person’s notice only at some time later than when it was served or is deemed to have been served.
(2)On the hearing of a motion referred to in paragraph (1), the court may allow the motion if it is satisfied that the applicant has established the grounds referred to in clause (1)(a) or (b).
90-20
18.09Validating Service
Where a document has been served by some method not authorized by an Act, these rules or an order of the court, or where there has been some irregularity in service, the court may order that the service be validated on such terms as may be just, if the court is satisfied that
(a) the document came to the notice of the person sought to be served, or
(b) the document was left so that it would have come to the notice of the person sought to be served, except for his own attempts to evade service.
18.10Proof of Service
(1)The service of a document may be proved by an affidavit of the person effecting such service (Form 18B).
(2)The personal service of a document by a sheriff or his deputy may be proved by a Certificate of Service (Form 18C) endorsed on a copy of the document served.
(3)The written admission or acceptance of service by a solicitor is sufficient proof of service and need not be verified by an affidavit.