Last Updated: August 23 2026
How do I request additional time to serve a Small Claims Court claim in Ontario?
If you need an order granting additional time to serve a Small Claims Court claim, VP Legal Services & Notary can help you prepare and file the motion and supporting evidence under the Rules of the Small Claims Court, O. Reg. 258/98, including section 8.01(2), and the factors courts consider such as those summarized in Tookenay v. O’Mahony Estate, 2024 ONSC 709. Call (437) 286-1499 to book a brief consult with a paralegal or notary at VP Legal Services & Notary so you can move promptly, explain the delay, address notice and prejudice, and reduce the risk that procedural timing stops your case in Ontario.
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Additional Time for Document Service May Be Granted
Obtaining an Order from the Small Claims Court for additional time to serve a claim is critical when faced with challenges in meeting the standard deadlines for service of a claim. Whether due to difficulty locating the intended recipient or due to other unforeseen circumstances, requesting an extension can be essential to ensuring that a case proceeds without procedural setbacks.
Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 to discuss any specific questions that you may have.
The Law
To obtain an Order from the Small Claims Court for the extension of time to serve a claim, a litigant will need to rely upon both the Rules of the Small Claims Court, O. Reg. 258/98, as well as relevant case law that provides the factors that should be reviewed by the Court in deciding whether to grant an extension of time to serve. The applicable Rule provides the jurisdiction for the Small Claims Court to grant an Order to extend time to serve and, among others, the case of Tookenay v. O’Mahony Estate, 2024 ONSC 709, provides the factors for review. Specifically, the Rule and the Tookenay case state:
8.01 (2) A claim shall be served within six months after the date it is issued, but the court may extend the time for service, before or after the six months has elapsed.
[32] The factors to be considered in determining whether an extension of time to serve a statement of claim should be granted have been expressed in similar ways in different cases, including:
a. the length of the delay,
b. the evidence filed that explains the delay,
c. whether the evidence regarding the explained delay is sufficient,
d. whether or not the plaintiff moved promptly for an extension of time after the period expired,
e. whether or not the delay in serving the claim resulted from the direction, participation, or involvement of the plaintiff personally in the service of the claim,
f. the extent to which the defendant, themselves, bears some or all of the responsibility for this delay,
g. whether or not it was reasonable for a defendant to infer from all the circumstances that the plaintiff had abandoned his claim,
h. whether the applicable limitation period for the action has already expired,
i. whether the defendant had notice before the expiry of the limitation period that the plaintiff was asserting a claim against the defendant, and
j. whether the defendant would suffer prejudice if the motion is granted.
Conclusion
Obtaining an Order to extend the time for service of of a claim is an important remedy that may be available when standard timelines are unmet. A Motion to extend service is a means to prevent procedural issues from hindering a potentially valid case.
NOTE: A significant volume of online queries, such as “lawyers nearby” or “top lawyer in,” frequently indicates a desire for prompt, competent legal assistance rather than a certain job title. In Ontario, the same Law Society that governs lawyers also regulates licensed paralegals, granting them the authority to represent clients in specified litigation cases. Core functions of this role include advocacy, legal assessment, and procedural expertise. VP Legal Services & Notary provides legal representation within its permitted scope, focusing on strategic positioning, evidence preparation, and persuasive advocacy to attain efficient and positive outcomes for clients.
