10.15   Substituted and informal service of originating process in proceedings for possession of land

(cf SCR Part 9, rule 5)

(1)  This rule applies to originating process that is required to be served on a defendant in connection with proceedings for the possession of land but that cannot be served on the defendant without undue delay or expense.

(2)  The court may order that the plaintiff may serve the originating process on the defendant by affixing a copy of the originating process to a conspicuous part of the land.

(3)  An order under subrule (2) may direct that the originating process be taken to have been served on the defendant on the expiry of a specified time.

(4)  If a copy of the originating process has been affixed to a conspicuous part of the land, otherwise than under an order under subrule (2), the court may order that the originating process be taken to have been served on the defendant on a date specified in the order.

(5)  A party may apply for an order under this rule without filing or serving notice of motion.

(5A)  An application for an order under this rule must be supported by an affidavit by the applicant that includes:

(a)  a statement as to the applicant’s knowledge of the defendant’s whereabouts, and

(b)  a statement as to any communications that have occurred between the applicant and the defendant since the cause of action in the proceedings arose (including any communications by telephone, fax or electronic mail).

(6)  Service in accordance with this rule is taken to constitute personal service.