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Motion to Extend Time for Service:
a Request for Court Order to Provide Additional Time to Serve a Claim
Last Updated: August 23 2026
Question: In Ontario Small Claims Court, can a paralegal help me request an order for additional time to serve my claim after the deadline?
Answer: PKM Legal Services can help you motion for an extension to serve a Small Claims Court claim in Ontario when you cannot meet the usual service timeline, based on the Rules of the Small Claims Court, O. Reg. 258/98, s. 8.01(2) and the factors courts consider in Tookenay v. O’Mahony Estate, 2024 ONSC 709, including delay length, evidence explaining the delay, whether you moved promptly, whether the defendant had notice, limitation-period expiry, and potential prejudice. Call (519) 410-5250 to discuss your service problem and next steps so your case can move forward without unnecessary procedural setbacks.
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Additional Time for Document Service May Be Granted
Obtaining an Order from the Small Claims Court for additional time to serve a claim is critical when faced with challenges in meeting the standard deadlines for service of a claim. Whether due to difficulty locating the intended recipient or due to other unforeseen circumstances, requesting an extension can be essential to ensuring that a case proceeds without procedural setbacks.
Note: Please contact PKM Legal Services by phone at: (519) 410-5250 to discuss any specific questions that you may have.
The Law
To obtain an Order from the Small Claims Court for the extension of time to serve a claim, a litigant will need to rely upon both the Rules of the Small Claims Court, O. Reg. 258/98, as well as relevant case law that provides the factors that should be reviewed by the Court in deciding whether to grant an extension of time to serve. The applicable Rule provides the jurisdiction for the Small Claims Court to grant an Order to extend time to serve and, among others, the case of Tookenay v. O’Mahony Estate, 2024 ONSC 709, provides the factors for review. Specifically, the Rule and the Tookenay case state:
8.01 (2) A claim shall be served within six months after the date it is issued, but the court may extend the time for service, before or after the six months has elapsed.
[32] The factors to be considered in determining whether an extension of time to serve a statement of claim should be granted have been expressed in similar ways in different cases, including:
a. the length of the delay,
b. the evidence filed that explains the delay,
c. whether the evidence regarding the explained delay is sufficient,
d. whether or not the plaintiff moved promptly for an extension of time after the period expired,
e. whether or not the delay in serving the claim resulted from the direction, participation, or involvement of the plaintiff personally in the service of the claim,
f. the extent to which the defendant, themselves, bears some or all of the responsibility for this delay,
g. whether or not it was reasonable for a defendant to infer from all the circumstances that the plaintiff had abandoned his claim,
h. whether the applicable limitation period for the action has already expired,
i. whether the defendant had notice before the expiry of the limitation period that the plaintiff was asserting a claim against the defendant, and
j. whether the defendant would suffer prejudice if the motion is granted.
Conclusion
Obtaining an Order to extend the time for service of of a claim is an important remedy that may be available when standard timelines are unmet. A Motion to extend service is a means to prevent procedural issues from hindering a potentially valid case.
NOTE: A significant number of online searches for “lawyers near me” or “best lawyer in” typically indicate a desire for prompt and competent legal assistance, rather than a particular designation. In Ontario, the Law Society that governs lawyers also regulates licensed paralegals, who are permitted to represent clients in specific litigation contexts. Key components of this position include advocacy, legal scrutiny, and procedural expertise. PKM Legal Services offers legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and persuasive advocacy aimed at attaining effective and advantageous outcomes for clients.
