Motion to Set Aside

Motion for Substitute Service

Limited-scope legal services, sometimes called an unbundled legal retainer, allow you to retain a legal professional for clearly identified portions of your case while remaining responsible for the balance of the proceeding.

This arrangement may be appropriate where you are representing yourself but require assistance with a complicated motion, an important procedural step, or the preparation of persuasive and properly organized court materials. The precise services to be provided—and the steps that remain your responsibility—will be clearly set out in a written retainer agreement.

Court documents generally must be served in accordance with the applicable Rules of Civil Procedure or Rules of the Small Claims Court. Difficulties may arise where a party cannot be located, appears to be avoiding service, or cannot reasonably be served through the method ordinarily required.

Where appropriate, we can assist with a motion seeking an order permitting substituted service or dispensing with service. Our limited-scope services may include:

• Reviewing prior service attempts and supporting evidence;

• Assessing whether further service attempts should be made;

• Preparing the notice of motion and supporting affidavit;

• Organizing process-server affidavits and related exhibits;

• Preparing a draft order proposing an alternative method of service; and

• Providing advice regarding the filing, hearing, and completion of service.

Depending on the circumstances, the Court may authorize service by email, regular mail, delivery to another person or address, or another method reasonably likely to bring the document to the intended recipient’s attention.

A default judgment may be obtained where a defendant fails to respond to a claim within the required time. A defendant seeking to reopen the proceeding will generally need to bring a motion to set aside the default judgment and explain the circumstances surrounding the default.

We can assist defendants with assessing and presenting relevant factors, which may include:

• The explanation for the failure to respond;

• The promptness of the steps taken after learning of the judgment;

• Whether there is an arguable defence on the merits;

• The prejudice that may be experienced by either party; and

• The overall interests of justice.

Our firm can also assist plaintiffs in responding to motions to set aside default judgments, including reviewing the proposed defence, identifying prejudice arising from delay, preparing responding evidence, and advancing appropriate terms if the judgment is set aside.

Depending on the nature and complexity of the proceeding, limited-scope assistance may also be available for:

• Drafting or reviewing pleadings;

• Preparing notices of motion, affidavits, and motion records;

• Reviewing and responding to court materials;

• Preparing written legal submissions;

• Providing procedural advice and litigation strategy;

• Preparing for settlement conferences, motions, or examinations;

• Reviewing settlement proposals and minutes of settlement; and

• Representing a client at a specific attendance, where appropriate.

Each limited-scope retainer is tailored to the particular court, procedural step, and assistance required. Acceptance of a limited-scope matter remains subject to an initial review, applicable professional obligations, and confirmation that the proposed division of responsibilities is appropriate.

Superior Court and Small Claims Court proceedings involve different rules, monetary jurisdictions, procedures, and representation requirements. Our team assesses the nature of the proceeding and assigns the matter to an appropriately licensed legal professional.

Whether the dispute concerns a contract, unpaid account, consumer transaction, property issue, commercial relationship, default judgment, or another civil claim, our objective is to provide focused assistance that moves the proceeding forward without requiring a full-service litigation retainer where one is unnecessary.