Facebook & Serving Legal Documents

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Andrew Feldstein of the Feldstein Family Law Group asks in a post to his blog, whether this is the future of family law:

According to this week’s edition of Law Times, Justice Cheryl Robertson of the Ontario Superior Court of Justice granted an Order allowing an Applicant to effect service through Facebook earlier this month. She also presented a paper to the Kingston and 1000 Islands Legal Conference urging lawyers “to be creative with electronic methods of service.” Justice Robertson argues that as the Justice System is increasingly becoming “out of reach for many” due to costs, using different types of e-service, such as through Facebook or e-mail, would be both time and cost-efficient.


In the case in which Justice Robertson granted service through Facebook, the Applicant mother was unable to locate the Respondent father in order to serve him with the Application. She was, however, able to find his profile on Facebook. As Justice Robertson has noted, some parties to family law proceedings work hard to not be found, but are unlikely to separate themselves from either their computer or cell phone. Therefore, if the person is able to be found and served over Facebook or through e-mail, then these methods of substituted service should be seriously considered over other means traditionally used. The Applicant mother ultimately served the Respondent father through a message with attachments over Facebook.

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