You must name the respondent correctly with their legal name. If the name is not exactly right, you may win your case but the sheriffs will not enforce an order if there is any doubt about the identity of the respondent.
For example, you may think someone's name is 'Bob,' but their legal name is 'Robert.' Corporate names must be correct. 'Brightstone Apartments' is not sufficient if the legal name is 'Brightstone Apartments (1975) Ltd.'
If you are making a claim against a corporate landlord, you may get the correct corporate name by contacting:
Information Services Corporation (ISC)
1301 1st Avenue
Regina, SK S4R 8H2
Phone: (306) 787-2962
Fax: (306) 787-8999
Also ask for a proof of corporate status, as this will be required to prepare your claim. ISC charges a fee for the search and for the proof of corporate status.
If you are suing a business which is not incorporated, you should name both the owner and the business name that they are using; for example, John Doe operating as Brownstone Apartments.
If you are suing more than one respondent, you may name more than one respondent if the claims against them are related. Again, you must name each respondent correctly.
You will be given a Notice of Hearing by the ORT. It is your responsibility to notify each respondent of the claim by serving each with a copy of the notice of hearing on which you have explained your claims and what you want the hearing officer to order. The respondent is entitled to know when and how to attend the hearing, and to be aware of the claims that will be made at the hearing.
The claim must be served within the time allowed on the instructions on the back of the hearing notice the ORT provides you. "Clear" days do not include the day on which the claim is given to the defendant or the day of the hearing. If you were not able to serve the defendant in time, you must advise the ORT immediately so that the time scheduled for the hearing can be used for other matters. Failure to inform the ORT, may mean that your application will be cancelled, and you will have to start over and pay a new application fee.
A claim made by a landlord or tenant may be served on the other party in any of the following ways:
Any person 18 years old or older may serve legal documents. Personal service means giving the documents directly to the person. Giving documents to a spouse or an occupant is not personal service upon the respondent. The person served does not have to sign anything. You just have to hand the copy of the claim material to the respondent and say, "This is a claim made against you" or "This is a notice of a hearing." If the respondent refuses to accept the claim, you should just drop the claim as close to the respondent as possible.
You may wish to employ a process server or the Sheriff's office to serve the claim/hearing notice material, for a fee. Process servers are listed in the yellow pages and the Sheriff's office is located at the Court of Queen's Bench. In either case, it is your responsibility to obtain a Certificate of Service to file with the ORT to prove the documents were properly served.
If you do this, you must go to the post office and arrange for the documents to be sent by registered mail. Keep the slip that you received from the post office to prove that the documents were sent in that fashion. Visit the post office's internet tracking to print its record of delivery and the signature of the person who picks up the registered letter. You will need to attach the proof of deliver to the Certificate of Service.
Posting and mailing
In some situations, a landlord may be allowed to serve a tenant by posting a document on the door to the rental premises and mailing a copy to the address of the respondent. See the back of the hearing notice to see if this is allowed in your situation. A document is deemed to be delivered on the third business day after it is posted and mailed unless the person served proves that they did not receive it or that they received it at a later date.
A landlord or a tenant may serve the other electronically if:
- the electronic document is in the same form as the required document,
- it is accessible by the other party; and
- it can be saved for future reference.
A document is deemed to be delivered on the next business day after it is sent electronically unless the person served proves that they received it at a later date. Electronic delivery may be by email, fax, an attachment to a text message, or posting through social media. You must explain exactly what you did, and why you believe the electronic delivery would come to the attention of the respondent.
A claim made by a tenant may also be served on the landlord by ordinary mail
Because landlords do not normally move, the law allows service on them by ordinary mail. If the notice isn't received and an order has been made, there are processes available to make sure the landlord has a chance to be heard. It is important for landlords to update their mailing addresses with ORT, so they get notices and don't find that they have to deal with an order made because they were unaware of the hearing.
What if I am unable to serve the respondent?
If you are unable to serve in any of the ways described above because the whereabouts of the respondent is unknown or he or she is proving impossible to serve, you may request an order for substitutional service. The ORT may make an order allowing you to serve in some other manner that is likely to come to the attention of the respondent. You will have to satisfy the ORT that you have made all reasonable efforts to serve the respondent without success. If you feel substitutional service is necessary, you can contact the ORT to discuss how to proceed. There must be a reasonable likelihood the alternate manner of service will be effective. You will have to provide reasons your proposed means of service is likely to be successful.
You will need to provide proof that documents were served on the other party in a manner allowed by the Act. See the Proving Service of Documents page.