How to Serve Small Claims Papers in Yukon

Why Service Matters

Filing your claim at the registry does not notify the defendant. You are responsible for delivering the stamped court documents to the other party and filing proof of service. A default judgment application requires a valid Affidavit of Service.

Getting this wrong is one of the most common reasons Yukon small claims cases stall.

Accepted Service Methods

Personal Service

Someone physically hands the sealed court documents directly to the defendant. You may deliver the documents yourself, or have a lawyer, other agent, or the Sheriff serve them.

Who to serve depends on the type of defendant:

• Individual: Hand the documents directly to the named person.
• Corporation: Serve an officer, director, or the registered office address listed on the Yukon Corporate Online Registry (YCOR).
• Sole proprietorship: Serve the individual owner personally, or at their business premises.
• Partnership: Serve any general partner. If using Form 06 — Notice to Alleged Partner, serve it alongside the claim.

Personal service is the most reliable method because there is no ambiguity about whether the defendant received the documents.

Registered Mail

Send the documents by registered mail through Canada Post, requiring a signature on delivery. The signature card (or tracking confirmation showing delivery and the defendant's signature) becomes your proof of service.

Registered mail works well when the defendant is cooperative or has a fixed address. It is less reliable if they are avoiding you or if someone else signs for the package at their address.

Substituted Service

If you cannot reach the defendant through personal service or registered mail — they are ducking you, their address is unknown, or they refuse to accept delivery — you can apply to the court for an order allowing substituted service.

File Form 08 — Notice of Application along with an Affidavit of Attempted Service explaining what you tried and why it failed. The judge may authorize alternative methods: posting at a last-known address, service on a family member, or publication. Each case is different.

Filing the Affidavit of Service

After successful service, the person who served the documents completes Form 07 — Affidavit of Service. This sworn statement includes:

• The name of the person served
• The date, time, and location of service
• The method used (personal delivery, registered mail, etc.)
• A description of the documents served

The affidavit must be sworn before a commissioner for oaths, notary public, or court clerk — not just signed. File the completed affidavit at the court registry.

Timeline After Service

Once the defendant is served, the clock starts:

• In-territory defendants: 20 calendar days to file a Reply (Form 02)
• Out-of-territory defendants: 30 calendar days

If the defendant does not file a reply within that window, you can apply for a default judgment using Form 10 — Requisition for Order with Form 13 for a fixed amount or Form 14 for an amount to be assessed.

Common Service Mistakes

Using an unapproved service method. You may serve the documents personally, or use a lawyer, other agent, or the Sheriff; registered mail is also permitted.

Serving at the wrong address. If the defendant is a business, serve the registered office on file with YCOR, not just the storefront.

Not filing the affidavit. You can serve perfectly, but if you do not file Form 07 with the registry, the court has no record of it.

Waiting too long to serve. The claim must be served within 12 months of filing. If you cannot serve it within that period, contact the registry about extending the service period.

The Making a Small Claim in Yukon guide includes a service tracking log and step-by-step instructions for each service method, so you have a paper trail from day one.

See more Yukon guides →