Service of Judicial Documents in Canada

The United States and Canada, are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Done at the Hague, November 15, 1965, (Hague Service Convention). This service is recommended.

In addition, please be aware that many forum state statutes indicate that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service".

Service in Canada through the Hague Service Convention generally takes 2-3 months, depending on the Province, but can take longer. No request for expedited service is acknowledged by the foreign judicial authorities. Because of this, we will provide a notarized affidavit indicating that the service is in progress, that we are in compliance with applicable statutes, and when we reasonably expect service to be completed. This can be used to support a motion to extend, if necessary, and is provided at no additional cost. We will follow the service as closely as possible and provide status when available.

Please note: Depending on the forum court statutes, we may request that an order be obtained appointing our firm as an entity authorized to request service. We will prepare the order for you at no additional cost. It would be your responsibility to have it executed. The cost for translation of the order, if applicable, will also be your responsibility.

If the service is in the province of Québec, all documents to be served should be translated into French. In accordance with article 5 of the convention, and at the request of the Central Authority in Montreal, if the documents being served are not translated, the request for service will likely be denied by the judicial authorities. Translation is not applicable to service in other Canadian provinces.

THE FOLLOWING IS REQUIRED FOR US TO EFFECT SERVICE THROUGH THE TREATY:

One set of service documents for each entity

Name and address of entity to be served

Fees are due in advance and will be quoted prior to accepting the assignment.

Translation of all documents for services in Québec, unless you wish to attempt service without it. If we are to provide translation, translation fees are also due in advance and will be quoted upon viewing the documents.

Service by private agent is available. However, it is wise to keep in mind that private agent service may be quashed in the originating US court and any US judgment obtained on the basis of private agent service may not be enforceable in Canada.

Private agent service fees are dependent upon the location of the service and there are many areas where travel is difficult. The average turnaround time is 2 weeks. Rush service is available for an additional fee.

The proof of service will be in the form of an affidavit. We recommend that the affidavit be sworn at a US Embassy, which usually incurs an additional fee. If you choose not to have a US Consular notary, it will be notarized by a local Canadian notary. If there are applicable forum court statutes that require court authentication of a foreign affidavit, there would also be additional expenses incurred . If you require notarization by a US Consular officer, or Court authentication, it would need to be requested and paid for by your office prior to completion of the service.

FOR US TO EFFECT THIS SERVICE, WE REQUIRE THE FOLLOWING:

A complete copy of each of the documents to be served;

Full name, address and any other information available, for the entity being served;

Fees are due in advance and the basic costs will be quoted prior to accepting the assignment;

If this is the method of service you choose, we require your written authorization to effect private agent service after being informed of the possible consequences.

Our office can provide all the integral services and assistance to effect service of civil process in Canada using either of the above methods.

Limited areas of investigation, court record retrieval and various searches are available in Canada. Please contact us to discuss your options if you require assistance other than the service of civil process.

Call Prestige Legal Services toll free at 1-800-784-7572 for your free, no-obligation quote.

* ALL FEES DUE IN ADVANCE