Substituted Service and Facebook

In a previous post, David Mills discussed an Ontario case where service of documents was allowed via facebook.  A case from New Brunswick, P. (J.R.) v. D. (D.), has agreed with this method of service and recently allowed service via facebook in a family law matter. This was a motion before Justice Walsh of the New Brunswick Court of Queen’s Bench, in a custody dispute. The mother suddenly died and the grandparents were making an application for custody.  The respondent was the adoptive father of the child. The father was found to be evading service. The issue for the Court was whether there could be substituted service of the custody application.  The Court found that it was in the best interests of justice and the child that service be substituted. The Court went on to find that service of the notice of the application was effected as a result of exchanges between the parties by way of Facebook. This is yet another decision that reaffirms substituted service can be available by Facebook and perhaps other social network sites.