Defendant who cannot be located
If an application cannot be delivered to the defendant because an incorrect address was used, the clerk will ask the plaintiff to provide a new address.
If the plaintiff does not know the defendant’s address, the clerk will suggest conducting a search using sources such as
- the relevant professional order, if the defendant practises a profession governed by the Professional Code (for example, if the defendant is a lawyer, notary, accountant or broker);
- the Commission de la construction du Québec, if the defendant is a building contractor;
- court records (computerized records), to check whether the defendant is involved in other court cases;
- the enterprise register or the Centre de recherche industrielle du Québec (CRIQ), if the defendant is a legal person, partnership or association.
If the defendant cannot be located, the clerk must, as soon as possible, publish a public notice on Internet or in a newspaper, asking the defendant to collect the application at the court office or risk having a judgment entered against him or her.
Refusal by the defendant
If the defendant refuses to receive the application or fails to pick up mail, the clerk will ask a bailiff to serve the application and charge the cost to the defendant.