Marginal note:Effective date of service by ordinary mail
141. (1) Service of a document by ordinary mail is effective on the tenth day after it was mailed.
Marginal note:Effective date of service by registered mail or courier
(2) Service of a document by registered mail or courier is effective on the day of receipt indicated on the post office or courier receipt, as the case may be.
Marginal note:Filing before service effective
142. Where a document is served by ordinary mail, it may be filed before the day on which service is effective.
Marginal note:Service by fax
143. The following documents may not be served by fax without the consent of the recipient:
(a) a motion record, application record, trial record, appeal book or book of authorities; or
(b) any other document that is longer than 20 pages.
Marginal note:Service at any time
144. (1) Service of a document under these Rules may be effected at any time.
Marginal note:Service after 5:00 p.m.
(2) A document, other than an originating document or a warrant, that is served on a holiday or after 5:00 p.m. at the recipient's local time is deemed to be served at 9:00 a.m. on the next business day.
Marginal note:Where no further service required
145. Subject to subsection 207(2), where a person has been served with an originating document and
(a) has not filed a notice of appearance or a defence within the time set out in these Rules, or
(b) has no address for service,
no further documents in the proceeding need be served on the person prior to final judgment unless the Court orders otherwise.
Marginal note:Proof of service
146. (1) Service of a document may be proven
(a) by an affidavit of service in Form 146A or, where the service is effected in the Province of Quebec, by a certificate of service of a sheriff, bailiff or other authorized person in accordance with the Code of Civil Procedure of the Province of Quebec;
(b) in respect of a document not required to be personally served, by a certificate by a solicitor in Form 146B;
(c) where a document was served under paragraph 140(1)(a) by leaving it at the office of a solicitor, by an acknowledgement of service signed and dated by the solicitor or by someone employed by the solicitor; or
(d) where a document was served under rule 134, by an acceptance of service signed and dated by the solicitor.
Marginal note:Signature of agent of solicitor
(2) Where an acknowledgement of service under paragraph (1)(c) is signed by a person on behalf of a solicitor, the person shall sign his or her own name as agent for the solicitor.
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