Hague Convention - Service of Process

HAGUE CONVENTION - BRIEF SAMPLING

"The most direct way to serve American legal documents in Canada is by forwarding duplicate sets of the documents in English directly to the process server . The cost for this service varies depending on the number of defendants and attempts at service. The process server's services are generally least expensive and simplest to effect. It is more effective to retain a private process server and, if the whereabouts of the person to be served are unknown, a private tracing service may be used. Private process servers are the most expeditious agents for effecting service of foreign legal documents in Canada and The United States."

U.S. DEPARTMENT OF STATE

U.S. DEPARTMENT OF STATE - EXCERPT

I. SERVICE OF PROCESS

No foreign diplomatic, consular or law enforcement officer may carry out service in Canadian territory without the consent of the Government of Canada. As a result, Canada has traditionally required that either Canadian public officials, the sheriff (in Quebec, the huissier ) of the appropriate judicial district, or private process-servers retained by a party to the litigation effect the required service. Also, formal service of American legal documents in Canada does not per se require the recognition or enforcement in Canada of any ensuing judgment, decree or order that an American court may render.

A. Direct Service

1. The most direct way to serve American legal documents in Canada is by forwarding duplicate sets of the documents in English (preferably with a French translation in Quebec) directly to the sheriff/huissier in whose judicial district you need service effected. The names and addresses of these provincial officials are listed in Canada Law List, a legal directory available in most law libraries of the Canada Law Book Limited, 80 Cowdrawy Court, Agincourt, Ontario M1S 1S5, Canada. The cost for this service varies depending on the number of attempts at service. When there is no urgency and no difficulty locating or serving the person to whom the documents are addressed, the sheriff/huissier''s services are generally least expensive and simplest to effect.

2. Otherwise, it is usually more effective to retain a licensed private process server and, if the whereabouts of the person to be served are unknown, a private tracing service may be used. Firms providing these services are listed in Canadian telephone directories under "Process Servers"/"Huissiers Exploitants" and "Tracing Bureaus." Private process servers are the most expeditious agents for effecting service of foreign legal documents in Canada.

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