Marginal note:Service on prosecutor

12. In addition to the methods of service listed in rule 11, the prosecutor in a proceeding may be served with a document by leaving a copy of the document at the office of the prosecutor having carriage of the proceeding.

Marginal note:Service by mail

• 13. (1) Service of a copy of a document by mail under these Rules shall be effected by sending it by prepaid, registered or certified mail.

• (2) Unless there is evidence to the contrary, service of a document by mail is deemed to be effective on the seventh day after the day on which the document is mailed.

Marginal note:Evidence respecting notice

14. Notwithstanding that a person has been served with a document in accordance with these Rules, the person, on a motion to set aside the consequences of default, for an extension of time or in support of a request for an adjournment, may show that the document

• (a) did not come to his or her notice; or

• (b) came to his or her notice only at some time later than the time it was served or is deemed to have been served.

Marginal note:Order validating service

15. Where a document has been served in a manner other than one specified in these Rules or in an order, the Court may make an order validating the service if the Court is satisfied that

• (a) the document came to the notice of the person to be served; or

• (b) the document was served in a manner such that it would have come to the notice of the person to be served, except for the person’s own attempt to evade service.

Marginal note:Substitutional service, dispensing with notice

• 16. (1) Where it appears to the Court that it is impractical for any reason to effect prompt service of a document in accordance with these Rules, the Court may make an order

  • (a) for substitutional service; or

  • (b) dispensing with service, if the Court considers it necessary in the interests of justice.

• (2) Where the Court makes an order for substitutional service, it shall specify in the order when service in accordance with the order shall be deemed to be effective.

Marginal note:Application of Part

17. This Part applies to all proceedings commenced by notice of motion, except where these Rules provide otherwise or as ordered by a judge.

Marginal note:Commencement of application

18. Where the Code, or any other enactment to which the procedural provisions of the Code apply, authorizes, permits or requires that an application or motion be made to, or an order or determination be made by, a judge of or presiding in the superior court of criminal jurisdiction or a judge as defined in section 552 of the Code, other than a judge presiding at trial on an indictment, the application or motion shall be made by notice of motion in Form 1 of the schedule.