How to Serve Small Claims Documents in Nova Scotia

The Basic Rule: Personal Service

After the court clerk issues your Form 1 (Notice of Claim), you must personally serve it on every named defendant at least 20 clear days before the hearing date. "Clear days" means the day of service and the hearing day itself don't count — you need 20 full days in between.

Personal service means someone physically hands the document to the defendant. That someone cannot be you. It must be:

• A friend or family member who is at least 18 years old
• A private process server
• A deputy sheriff

Using a friend saves money. Process servers in the Halifax area typically charge $100–$150 per service attempt, plus mileage for rural locations.

How to Serve Different Defendants

Individual person: Hand the issued Form 1 directly to the named person. The server should be reasonably certain of the person's identity — from a signed contract, driver's licence, or personal acquaintance.

Corporation: Hand the document to an officer, director, manager, or registered agent of the company. Alternatively, leave it with an adult employee at the corporation's registered head office. Find the registered office address through the Registry of Joint Stock Companies.

Sole proprietorship: Hand it directly to the sole proprietor — the individual owner behind the business name.

Partnership: Hand it to any general partner. All general partners are jointly liable, so serving one is enough to bind the firm.

The Affidavit of Service

After the documents are served, the person who served them must complete an Affidavit of Service. This is a sworn statement confirming:

• The date and exact time of service
• The civic address where service took place
• The specific documents served (attach a copy as Exhibit "A")
• How the server confirmed the recipient's identity (checked their licence, recognized them, they confirmed their name verbally)

The affidavit must be sworn or affirmed before a Commissioner of Oaths, Notary Public, or court staff member. An approved fee waiver can include free oath administration for an Affidavit of Service; call the registry to confirm arrangements.

File the completed Affidavit of Service with the court registry before or on the day of the hearing. Without this document, the adjudicator can't confirm the defendant was properly notified.

What If They Dodge You

Some defendants actively avoid service. They don't answer the door, they leave when they see an unfamiliar person approaching, or they deny their identity.

If personal service fails after documented reasonable attempts, you can apply to the adjudicator for an Order for Substituted Service. The adjudicator may authorize service by:

• Ordinary mail to the defendant's last known address
• Social media messaging (with proof of the message and the defendant's profile)
• Posting at the defendant's residence

Ordinary email is not valid service without a court order authorizing it. Don't assume you can just email the documents and call it done.

To get the substituted service order, you'll need to show the court what you tried — dates, times, addresses visited, descriptions of what happened. Document every failed attempt.

Serving a Defendant Outside Nova Scotia

If the person you're suing lives outside the province but the dispute has a connection to Nova Scotia (the contract was performed here, the property damage happened here, the business operates here), you can serve them without prior court permission under the Court Jurisdiction and Proceedings Transfer Act (CJPTA).

Out-of-province defendants typically get extra response time, often 30 calendar days instead of 20. For defendants outside Canada, service must comply with international treaties like the Hague Service Convention, which requires going through designated central authorities.

Registered Mail for Secondary Documents

Personal service applies to the originating Form 1 (Notice of Claim). Other documents — defences, counterclaims, and notices — can typically be served by registered mail with signature tracking, or as the court directs.

Don't mix up the rules. The initial claim needs physical, in-person delivery. Everything after that can usually go by mail.

Keeping a Service Log

Track every service attempt in writing: date, time, address, who answered (or didn't), and the outcome. This log becomes invaluable if you need to apply for substituted service, and it shows the adjudicator you were diligent.

For a printable service tracker log and Affidavit of Service instructions, the Nova Scotia Small Claims Filing Guide includes worksheets for documenting every step of the service process.

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