Social media platforms such as Twitter, Instagram, Facebook, LinkedIn, and Pinterest have evolved into integral components of modern society. They are so ubiquitous that the law is recognizing how much of today’s life has become of social media.
Generally, when you file a lawsuit against another person, the Canadian law requires you to serve them with a copy of the lawsuit personally.
What happens if you cannot find the person you intend to sue?
The law allows you to bring a lawsuit and request the court for a ‘substituted service’ order. This option essentially allows you to request the court to let you to serve someone with a copy of the lawsuit, but not in person. According to Rule 31.10, once the court is satisfied that it is appropriate to do so, you will be allowed to serve the lawsuit in a manner other than personal presentation.
The advancements in technology, including the advent of social media, have revolutionized different industries, and the legal industry is not an exception. A recent case from the Nova Scotia Supreme Court allowed the use of Facebook social media platform to serve a lawsuit if the intended person can’t be found for personal service.
The account status importance
It is possible to use social media to serve a copy of a lawsuit to a person if they have made their social media account public, and you can tell that by how frequently they use that social media platform. This way, you are confident that they will see the copy of the lawsuit that you are attempting to send their way.
This doesn’t specifically reference substitute service by Facebook, email, or other social media platforms. However, it revolves around the use of electronic means as alternative forms of service by which you can reasonably bring the matter to the intended person’s attention. Remember, your primary objective is to ensure that the intended person has received a copy of the lawsuit.
This is the current role of social media and other electronic channels when it comes to serving copies of lawsuits. If you cannot find the person you’re trying to serve or if they are actively avoiding you, your personal injury lawyer can turn to social media or other electronic channels to serve the lawsuit whenever it is appropriate. Additionally, the court should be convinced that the intended person is more likely to see the lawsuit information over the social media platform.
If you still have concerns and questions about serving a copy of the lawsuit over social media, don’t hesitate to consult our experienced lawyers.