An article in this week’s Law Times notes another court decision, this time in Ontario, approving substitute service by Facebook. In other words, counsel showed the court that there was no other reasonable way of getting the documents to the party to be served, and that sending to FB was likely to reach the party.
The author says that this should be the norm.
The requirement for hand-delivered document service, while historically sensible, is somewhat archaic in this electronic age. Successful service should be all about making sure that the person is aware of the document. For those of us who are more present online than offline, receiving vital information electronically is commonplace.
Does this make sense to you? How does one make sure that a person served via Facebook (or another social medium, such as Twitter, etc) is aware of the document? Suppose the person denies having received it, later. Is independent evidence of delivery available?
For that matter, many people on Facebook do not have pictures on their pages. How does one know one has the right John Smith, especially if such service becomes ‘the norm rather than an exception’?