Service of legal documents is the formal service of a document in a manner recognized by law. In Québec, when the law requires that notification be carried out by a bailiff, it is called service, or signification in French.
At a glance
- Québec’s Code of Civil Procedure recognizes several methods of notification by bailiff including service by technological means and public notice.
- Service by a bailiff is required for certain documents, including originating applications, subpoenas, notices of execution, judgments and any other document required in the Civil Code of procedure.
- After service, the bailiff prepares a report under their oath of office recording what was served, when, where, to whom and how.
- Refusing to accept a document does not invalidate service.
- An unsuccessful attempt is still documented and can support the next step in the file.
- QCO serves legal documents across greater Montreal, Laval, Longueuil, the North Shore and the South Shore.
The distinction between delivering a document and having it served by bailiff matters more than it may first appear.
Sending a document and having it formally served are not the same procedural act. When a bailiff performs service, the bailiff not only serves or attempts to serve the document but also prepares an official report establishing the circumstances of that service.
For court proceedings, enforcement measures and strict deadlines, that report can become an important part of the file.
Why use a bailiff?
A bailiff provides a formal and detailed record of the service carried out.
After service, the bailiff prepares a report under their oath of office. That report records information including:
- the court record number and names of the parties
- the nature of the document
- the place where service occurred
- the date and time of service
- the name of the person who received the document
- that person’s capacity, if the document was delivered to someone other than the named recipient
- the place where the document was left, where applicable
- whether the person refused to accept the document
- whether an attempt to serve the document was unsuccessful
The bailiff’s report therefore creates a detailed formal record of what document was being served, where and when the bailiff attended, who received the document and what occurred during the attendance.
This record can be particularly important when the circumstances of service or notification are later questioned.
Which documents must be served by a bailiff in Québec?
The Code of Civil Procedure expressly identifies the proceedings and documents that must be served by a bailiff.
An originating application, meaning the pleading that initiates a proceeding, must generally be served by a bailiff.
Other documents that must be served:
- subpoenas requiring witnesses to appear
- cross-applications and declarations of intervention
- formal notices concerning the determination of boundaries
- judgments granting an injunction or containing another order
- notices of appeal
- applications for leave to appeal
- applications for revocation of a judgment
- notices of execution
- oppositions to seizure or sale
- applications seeking the annulment of a seizure or sale
Other legislation may also require bailiff service in particular proceedings.
When is bailiff service useful even if it is not required?
A document may also be served by a bailiff where another method of notification is legally available. In practice, a bailiff is often chosen where there is a need for clear evidence concerning the notification.
Common examples include:
- formal demands
- certain notices between landlords and tenants
- contractual notices
- notices involving an approaching deadline
- situations where previous correspondence has gone unanswered
- files where the sender anticipates that receipt of the document may later be disputed
In those situations, bailiff service is chosen because the sender wants a formal report of the notification or of the attempted notification.
When must a document be served personally?
Bailiff service does not always require the document to be handed directly to the named recipient. There are, however, circumstances where personal service is specifically required.
An originating application concerning the personal integrity, status or capacity of a person who is 14 years of age or older must be served directly on that person.
Personal service is also required in particular circumstances when the recipient is imprisoned or otherwise confined against their will, or where the person’s true identity is unknown or uncertain.
A further rule applies where the parties reside together. Documents must generally be notified personally by one party to the other unless they have agreed together to another method of notification.
These situations illustrate why the appropriate service method depends on more than simply having a valid address. The nature of the proceeding and the circumstances of the recipient may change how the document must be served.
How does service work in practice?
- The mandate is received. The documents and instructions are reviewed, the address is confirmed and any important deadline is identified.
- The bailiff is dispatched. The attendance is planned according to the address, the deadline and the nature of the document.
- The document is served. Where the recipient is present and personal service is appropriate, the document may be served directly to that person.
Where the recipient cannot be reached, the Code permits other methods in defined circumstances. A document may, for example, be left at the recipient’s domicile or residence with a person who resides or works there and appears capable of receiving it on behalf of the recipient. Where this cannot be done, other rules may permit service at the recipient’s business establishment or workplace. Where the document cannot be delivered in one of these ways, the Code also provides mechanisms designed to protect the confidentiality of the document.
What happens if nobody is there?
If the bailiff cannot serve the document on the recipient or an appropriate intermediary, the Code provides for a notice of visit. The notice informs the recipient that an attempt to serve the document was made and may be left at the recipient’s domicile, residence or business establishment.
Depending on the circumstances, the Code of Civil Procedure also allows the bailiff to leave the document at an appropriate place when personal service is not required, provided that it is left in a sealed envelope or in another manner that protects its confidentiality. This may include leaving the document in a mailbox or anywhere appropriate.
- The circumstances are recorded and the proof is returned. The bailiff records what was actually encountered at the address rather than simply confirming that an attempt was made.
What happens if the recipient refuses the documents?
A recipient cannot necessarily prevent service simply by refusing to take the documents.
If the recipient refuses to accept a document being served by a bailiff, the bailiff records the refusal. The document is then deemed to have been served personally at the time of the refusal, and the bailiff leaves it on the premises by an appropriate means.
In other words, refusing to physically take the papers does not automatically defeat the service. This is one of the situations where the bailiff’s independent record of what occurred can be particularly important.
What if the address is wrong or the recipient cannot be located?
This is where the bailiff’s unsuccessful attempt can itself become useful.
The recipient may have moved. The address may be incomplete. The business may have closed. Access to the premises may be restricted, or the available information may simply no longer be current.
The bailiff records what occurred during the attempt.
Where ordinary service is unsuccessful, Québec procedure also provides mechanisms for notification by public notice. Public notice may be ordered by the court and, in circumstances permitted by the Code, may also be used following an unsuccessful service attempt recorded by the bailiff.
The appropriate next step depends on the document and the circumstances of the particular file.
How long does service take, and when can a bailiff attend?
The time required depends less on the act of serving the document than on the circumstances of the file. The main factors include:
- whether the address is valid
- whether the recipient is regularly present at the address
- whether access to the building is restricted
- whether personal service is required
- whether additional attempts are necessary
- whether the recipient has moved
- whether the document must be served before a fixed procedural deadline
For urgent matters, the deadline should be communicated when the mandate is sent.
As a general rule, service of a pleading by bailiff may take place on days that are not holidays, between 7:00 a.m. and 9:00 p.m. Different rules apply to notification made to lawyers, notaries and bailiffs or between those professionals. The court may also authorize notification outside the ordinary rules where the circumstances require it.
For an urgent mandate, identifying the deadline helps determine how the file should be handled.
What information should be given to the bailiff?
A complete mandate helps avoid unnecessary delays; you must provide:
- the complete document to be served
- the recipient’s full legal name
- the most accurate residential or business address available
- the apartment, suite or unit number
- building access information
- any alternative address
- the recipient’s workplace, if relevant
- the court file number
- the applicable deadline
- the hearing or presentation date
- any order governing the method of notification
- any information that may assist in identifying the recipient
For urgent files, the deadline should be clearly identified at the outset rather than after the first attempt.
Serving legal documents across Greater Montreal
QCO Bailiffs provides service of legal documents throughout Montreal, Laval, Longueuil, the North Shore and the South Shore.
We assist lawyers, notaries, property owners, rental managers, businesses, public organizations and individuals with both regular and urgent service mandates.
The objective is not simply to serve a document. It is to complete the mandate using the appropriate procedure, to document what occurred and return the corresponding proof so the legal file can continue moving forward.
Need to serve legal documents?
Whether a document legally requires service by a bailiff or you simply want a formal record of its service, providing accurate documents, recipient information and deadlines from the outset helps the mandate proceed efficiently.
Contact QCO Bailiffs for service of legal documents across Greater Montreal and surrounding areas. We confirm the details of the mandate before proceeding and return the corresponding proof of service once the mandate is completed.
This article provides general information concerning notification and service of legal documents in Quebec and does not constitute legal advice. The appropriate method of notification depends on the document, the proceeding and the circumstances of each file.
If you are unsure which method of service applies to your situation, contact our office. A bailiff can review the mandate, determine the appropriate method of service and take care of the process from start to finish.