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Justice Canada announces temporary e-service measures for starting legal action

Thursday, April 23, 2020 @ 2:02 PM | By John Chunn


To minimize the impacts of the COVID-19 pandemic on the justice system, the Department of Justice announced that it has put in place temporary e-service measures for service on the Crown. Service on the Crown relates to commencing proceedings (legal action) against the Crown. To initiate service on the Crown, the Attorney General of Canada or any other minister of the Crown, the public or their legal representative can now serve the appropriate Justice Canada regional office by e-mail or fax. The Crown will accept materials received via e-service.

Justice Canada’s directive notes that documents to garnishee a federal employee’s salary must be served in accordance with the Garnishment, Attachment and Pension Diversion Act. They must be served at the appropriate garnishment registry set out in the Garnishment and Attachment Regulations.

Federal Court

To commence a proceeding against the Crown, the Attorney General of Canada or any other minister of the Crown, the appropriate documentation must be filed in the Federal Court Registry. Regional Federal Court Registry Offices

When the Crown is sued in the Federal Court, the proper defendant is “Her Majesty The Queen.” For Federal Court, service on the Attorney General is set out in Rule 133 of the Federal Courts Rules.

Provincial court

To commence a proceeding against the Crown, the Attorney General of Canada or any other minister of the Crown, the Deputy Attorney General of Canada must be served, either at the office of the Deputy Attorney General in Ottawa or at the appropriate regional office of the Department of Justice Canada listed here. When the Crown is sued in provincial court, the proper defendant is “Attorney General of Canada.”

The address for the Deputy Attorney General of Canada is:

Office of the Deputy Attorney General of Canada
284 Wellington Street
Ottawa, Ontario K1A0H8

For litigation in provincial courts, service on the Attorney General of Canada is set out in s. 4 of the Crown Liability and Proceedings (Provincial Court) Regulations.