CAN-WEST
PROCESS SERVER CORP.

TERMS AND CONDITIONS

Process Serving & Litigation Support
Alberta • Saskatchewan • British Columbia • Manitoba

Effective Date: September 30, 2026
Last Updated: September 30, 2026

700 – 1914 Hamilton Street
Regina, Saskatchewan, Canada S4P 3N6
(855) 737-8226 | canwps.com

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms and Conditions (the “Terms”) govern the provision of process serving, court filing, document retrieval, litigation support, locating, skip tracing and related services (collectively, the “Services”) provided by CAN-WEST PROCESS SERVER CORP. (“CAN-WEST,” “we,” “us,” or “our”).

These Terms also govern your use of our website and any online service request, client portal, email, telephone or other system through which Services are requested.

The person, law firm, corporation, government body, organization or other entity requesting Services is referred to in these Terms as the “Client,” “you,” or “your.”

By submitting a service request, instructing CAN-WEST to commence work, accepting a quotation, creating an account, using our Services, or otherwise authorizing CAN-WEST to perform Services, you acknowledge that you have read, understood and agreed to these Terms.

If you submit instructions on behalf of a law firm, corporation or other organization, you represent that you have authority to engage CAN-WEST and bind that organization to these Terms.

These Terms should be read together with our Privacy Policy and any written quotation, service agreement, account agreement or specific written instructions accepted by CAN-WEST.

2. OUR SERVICES

CAN-WEST is a process serving and litigation support company providing Services primarily throughout Alberta, Saskatchewan, British Columbia and Manitoba.

personal service of court and legal documents;
ordinary or non-personal service;
service on corporations, partnerships and other entities;
service on government bodies and public authorities;
service at residential and business locations;
rush, priority and same-day process serving;
multiple service attempts;
court filing and issuing;
courthouse attendance;
document retrieval and court searches;
litigation support;
skip tracing and locating services;
address verification;
field inquiries;
preparation and coordination of affidavits, certificates or other proofs of service;
commissioning of affidavits where legally permitted;
document delivery;
agency services;
coordination of service outside our ordinary service areas; and
other legal support services agreed to by CAN-WEST.

Availability of particular Services may vary by jurisdiction. CAN-WEST reserves the right to accept or decline any assignment in its discretion, subject to applicable law.

3. CAN-WEST IS NOT A LAW FIRM

CAN-WEST is not a law firm and does not provide legal advice or legal representation.

Information provided by CAN-WEST, including information concerning methods of service, court procedures, forms, filing practices, service attempts or procedural requirements, is provided for administrative and informational purposes only and must not be relied upon as legal advice.

whether documents must be served;
who must be served;
the legally permitted method of service;
applicable deadlines and limitation periods;
jurisdiction and the sufficiency of documents;
requirements for substituted, alternative or special service;
court filing requirements; and
compliance with applicable statutes, regulations and rules of court.

CAN-WEST may decline instructions that, in our reasonable opinion, require us to provide legal advice or make a legal determination properly belonging to the Client or the Client’s legal counsel.

4. CLIENT RESPONSIBILITIES

The Client is responsible for providing CAN-WEST with accurate, complete and timely information and instructions.

complete and legible documents for service;
the correct identity of the person or entity to be served;
all known addresses and contact information;
photographs or physical descriptions where available and appropriate;
court file numbers and court locations;
service deadlines, hearing dates and limitation dates;
special service requirements;
information concerning safety concerns, known violence, weapons, threatening behaviour or dangerous locations;
instructions concerning the number or timing of attempts; and
any other information reasonably necessary to complete the assignment.

The Client must promptly notify CAN-WEST of changes to instructions or information. CAN-WEST is not responsible for loss, delay, unsuccessful service, additional expense, court rejection or other consequences resulting from inaccurate, incomplete, outdated, illegible or late information or documents supplied by the Client or another person acting on the Client’s behalf.

5. CLIENT RESPONSIBILITY FOR DOCUMENTS

CAN-WEST generally serves and files documents in the form supplied by the Client. Unless expressly agreed otherwise in writing, CAN-WEST is not responsible for reviewing documents to determine their legal sufficiency, accuracy, completeness, validity or compliance with applicable court rules.

the correct documents have been provided;
all required pages, exhibits and attachments are included;
names, addresses, dates, court file numbers and other information are correct;
documents have been properly issued, filed, signed, sworn or commissioned where required; and
the documents are legally capable of being served or filed in the manner requested.

Our acceptance of an assignment does not constitute confirmation that the documents or proposed method of service satisfy any legal requirement.

6. SERVICE ATTEMPTS

A service fee may include a specified number of attempts as stated in the applicable quotation, service request, rate schedule or account arrangement.

Unless CAN-WEST expressly agrees otherwise, an “attempt” generally means a reasonable attendance at the supplied or subsequently identified service location for the purpose of attempting service.

the subject is not present;
nobody answers the door;
access to the building or property cannot reasonably be obtained;
building security or another person refuses access;
the address is incorrect or incomplete;
the subject has moved;
the subject refuses to answer or cooperate;
circumstances make completion of service unsafe or impractical; or
service cannot lawfully be completed.

Additional attempts beyond those included in the quoted service may result in additional charges.

7. TIMING OF SERVICE ATTEMPTS

CAN-WEST determines the timing and manner of individual attempts using professional judgment, Client instructions, available information, applicable legal requirements, operational considerations and safety considerations.

Where appropriate, attempts may be made at different times or on different days to improve the likelihood of successful service. A request for a particular attempt time will be treated as an instruction or preference but is not guaranteed unless CAN-WEST expressly agrees otherwise in writing.

8. NO GUARANTEE OF SUCCESSFUL SERVICE

CAN-WEST will use commercially reasonable efforts to perform accepted assignments professionally and in accordance with applicable instructions. However, successful service cannot be guaranteed.

be absent or have moved;
provide an incorrect address;
evade service;
refuse access or refuse to identify themselves;
reside or work in a secured building; or
otherwise be unavailable for service.

Fees compensate CAN-WEST for the work performed and resources committed to an assignment and, unless expressly agreed otherwise, are not contingent upon successful service. An unsuccessful assignment does not, by itself, entitle the Client to a refund.

9. RUSH, PRIORITY AND SAME-DAY SERVICES

CAN-WEST may offer rush, priority, urgent or same-day Services. Acceptance of a rush assignment means CAN-WEST will use reasonable efforts to prioritize the assignment. It does not constitute a guarantee that service, filing or another requested result will be completed by a particular time.

Rush and priority charges compensate CAN-WEST for expedited dispatch, scheduling and resource allocation and may remain payable even if the intended recipient cannot be served.

10. DEADLINES AND LIMITATION PERIODS

The Client is solely responsible for identifying and communicating all deadlines, including court deadlines, hearing dates and limitation periods. CAN-WEST does not independently monitor Client deadlines unless expressly agreed in writing.

An instruction stating “ASAP,” “urgent,” “rush,” or similar language should not be used as a substitute for providing an actual deadline.

CAN-WEST is not responsible for a missed deadline where the deadline was not clearly disclosed when the assignment was submitted or where completion was prevented by circumstances outside CAN-WEST’s reasonable control. CAN-WEST reserves the right to decline assignments where the time remaining is insufficient to make reasonable efforts to complete the requested Services.

11. AFFIDAVITS, CERTIFICATES AND PROOF OF SERVICE

Following completion or attempted completion of an assignment, CAN-WEST may provide an affidavit of service, certificate of service, affidavit of attempted service, report of attempts or other proof or report appropriate to the circumstances and jurisdiction.

The form of proof may vary according to applicable court requirements and the nature of the assignment. Where an affidavit must be sworn or affirmed, additional processing time may be required.

CAN-WEST does not guarantee that a court, tribunal, registry, lawyer or other authority will accept a particular affidavit, certificate, report or method of service. If additional evidence, amendments, attendance, testimony or supplementary affidavits are requested after completion, additional fees may apply.

12. SUBSTITUTED OR ALTERNATIVE SERVICE

CAN-WEST will not assume that substituted, alternative or indirect service is legally permitted merely because personal service has been unsuccessful.

Unless applicable law clearly permits the requested method without a court order, the Client is responsible for obtaining appropriate legal advice and any required order authorizing substituted or alternative service.

CAN-WEST may assist in documenting service attempts for use in an application for substituted or alternative service but does not provide legal advice regarding whether such an application should be made or whether it will be successful.

13. COURT FILING AND DOCUMENT RETRIEVAL

Where CAN-WEST is instructed to file, issue, retrieve or deliver documents, the Client remains responsible for ensuring that all documents comply with applicable court or registry requirements.

incorrect forms or missing information;
improper signatures;
unpaid court fees;
filing deficiencies;
incorrect court locations;
procedural requirements;
technical problems with electronic filing systems; or
decisions of court or registry personnel.

CAN-WEST is not responsible for a court or registry refusing to accept a document where the refusal does not result from CAN-WEST’s failure to follow the Client’s accepted instructions. Additional attendance or filing charges may apply where rejected documents must be corrected and resubmitted.

14. SKIP TRACING, LOCATING AND INFORMATION SERVICES

Where CAN-WEST provides locating, skip tracing, address verification or related information services, information may be obtained from lawful public, proprietary or third-party sources. Information obtained through such sources may be incomplete, inaccurate or outdated.

a subject will be located;
an identified address is current;
a subject resides at an identified address;
third-party information is complete or accurate; or
locating information will result in successful service.

The Client agrees to use information supplied by CAN-WEST only for lawful purposes. CAN-WEST reserves the right to require information concerning the purpose for which a search is requested and to decline any search that CAN-WEST reasonably believes may be unlawful, improper or inconsistent with applicable privacy requirements.

15. SAFETY AND RIGHT TO DISCONTINUE AN ATTEMPT

The safety of our process servers, agents, contractors and the public takes priority over completion of an assignment. A process server may leave a location, discontinue an attempt or decline further attendance where the server reasonably believes that circumstances present a safety risk.

threats or aggressive behaviour;
weapons;
dangerous animals;
unsafe property conditions;
suspected criminal activity;
severe weather;
intoxicated or unpredictable persons; or
any other circumstance reasonably considered unsafe.

CAN-WEST may require additional safety measures, multiple agents or other arrangements before further attempts are undertaken. Additional charges may apply.

16. RURAL, REMOTE AND SPECIAL LOCATIONS

Services outside normal urban service areas may be subject to additional mileage, travel time, accommodation, ferry, parking, toll, airfare or other charges.

correctional institutions;
hospitals and healthcare facilities;
military facilities;
gated or secured communities;
remote worksites;
reserves or Indigenous communities where special access arrangements are required;
airports;
secured commercial premises; and
other locations requiring unusual travel, authorization or waiting time.

Where practicable, CAN-WEST will advise the Client of material additional costs before they are incurred.

17. THIRD-PARTY AGENTS AND PROCESS SERVERS

CAN-WEST may engage employees, independent process servers, court agents, investigators where legally authorized, couriers and other third-party service providers to complete assignments. The Client authorizes CAN-WEST to engage such providers where reasonably necessary to perform the requested Services.

CAN-WEST will exercise reasonable care in selecting and instructing service providers but does not control independent third parties in every aspect of their operations. Nothing in these Terms excludes liability that cannot lawfully be excluded.

18. FEES AND QUOTATIONS

Fees may depend upon location, urgency, number of recipients, number of addresses, number of attempts, distance and travel, type and volume of documents, waiting time, special instructions, court or registry requirements, third-party charges and complexity of the assignment.

Unless expressly identified as a fixed fee, a quotation is an estimate based upon information available when the quotation is provided. Additional fees may apply where the scope or circumstances of an assignment materially change.

All fees are in Canadian dollars unless otherwise stated and are exclusive of applicable taxes and third-party disbursements unless expressly indicated otherwise.

19. DISBURSEMENTS

The Client is responsible for authorized or reasonably necessary disbursements incurred in completing an assignment, including court filing fees, government fees, search fees, registry charges, courier charges, postage, printing, commissioning fees, parking, tolls, mileage, travel expenses and third-party agent charges. CAN-WEST may require advance payment of anticipated disbursements.

20. PAYMENT

Unless credit arrangements have been approved by CAN-WEST, payment may be required before Services commence. Approved law firms, government clients, corporations and other account Clients may be invoiced according to their approved account terms.

Invoices are payable within the period stated on the invoice or applicable account agreement. CAN-WEST may suspend or decline further Services where an account is overdue.

The Client is responsible for reasonable costs incurred by CAN-WEST in collecting overdue amounts to the extent permitted by applicable law and any applicable agreement.

21. CANCELLATIONS

Cancellation instructions must be communicated to CAN-WEST as soon as possible. A cancellation is not effective until received and acknowledged by CAN-WEST.

Where an assignment is cancelled before dispatch or substantive work begins, CAN-WEST may refund prepaid fees, less reasonable administrative costs and any non-refundable expenses already incurred.

work already performed;
attempts already made;
travel commenced;
third-party charges incurred;
court or registry fees incurred; and
other non-refundable expenses.

Rush or priority charges may be non-refundable once expedited processing or dispatch has begun.

22. CHANGES TO INSTRUCTIONS

Changes to an assignment should be provided in writing whenever practicable. CAN-WEST is not responsible for acting on instructions already received before revised or cancellation instructions could reasonably be communicated to the assigned process server or agent. Material changes in instructions may result in additional charges.

23. CONFIDENTIALITY

CAN-WEST recognizes the confidential nature of litigation and legal support assignments. We will use reasonable administrative, technical and physical safeguards appropriate to the nature of information in our custody or control.

Information concerning an assignment may be disclosed to employees, process servers, contractors, agents, courts, registries and service providers to the extent reasonably necessary to perform the Services, comply with legal obligations, administer the Client relationship or protect lawful interests. Confidentiality obligations are subject to applicable law, court orders and lawful requirements for disclosure.

24. PRIVACY AND PERSONAL INFORMATION

CAN-WEST collects, uses, discloses, stores and otherwise handles personal information in accordance with its Privacy Policy and applicable Canadian privacy legislation.

the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”);
the Personal Information Protection Act (Alberta);
the Personal Information Protection Act (British Columbia); and
other applicable federal or provincial privacy legislation.

The Client represents that personal information supplied to CAN-WEST has been obtained and may lawfully be disclosed to CAN-WEST for the purposes for which the Services are requested.

Where an assignment requires information to move between provinces or internationally, the Client authorizes such transfers where reasonably necessary to perform the Services, subject to applicable law and CAN-WEST’s Privacy Policy.

Privacy inquiries may be directed to: Privacy Officer, CAN-WEST PROCESS SERVER CORP., 700 – 1914 Hamilton Street, Regina, Saskatchewan S4P 3N6; Email: privacy@canwps.ca; Telephone: (855) 737-8226.

25. ELECTRONIC COMMUNICATIONS

The Client consents to receiving ordinary business communications relating to assignments, invoices and the Client relationship electronically, including by email, electronic portals or other agreed electronic methods.

The Client acknowledges that electronic communications carry inherent risks, including delay, interception, misdirection and technical failure. CAN-WEST will take reasonable measures appropriate to the sensitivity of information being transmitted but cannot guarantee the security of ordinary email or third-party communications systems. The Client is responsible for maintaining accurate contact information.

26. WEBSITE USE

The CAN-WEST website is provided for general information and for facilitating access to our Services. Website information is not legal advice.

Although CAN-WEST attempts to maintain accurate information, we do not warrant that website information is always complete, current or error-free. Court procedures, legislation, rules, filing requirements and service requirements may change without notice. Users should obtain appropriate legal advice before relying upon website information concerning a legal proceeding.

27. WEBSITE AVAILABILITY

CAN-WEST does not guarantee uninterrupted access to its website, electronic systems or client portals. Systems may occasionally be unavailable because of maintenance, telecommunications failures, cybersecurity incidents, third-party outages or circumstances outside our reasonable control.

Clients should not rely solely upon an electronic system for urgent instructions without obtaining confirmation from CAN-WEST.

28. INTELLECTUAL PROPERTY

Unless otherwise stated, content created by CAN-WEST and displayed on its website, including text, graphics, logos, branding, layout and original materials, is owned by or licensed to CAN-WEST and is protected by applicable intellectual property laws.

Website content may be viewed and used for ordinary personal or business informational purposes. No material may be reproduced, republished, commercially exploited or distributed in a manner that infringes CAN-WEST’s intellectual property rights without prior authorization.

29. THIRD-PARTY WEBSITES

The CAN-WEST website may contain links to third-party websites. Such links are provided for convenience and do not constitute an endorsement or guarantee of the third party or its information, products or services. CAN-WEST is not responsible for third-party websites, their availability, content, security or privacy practices.

30. DISCLAIMER OF WARRANTIES

Except for warranties or conditions that cannot lawfully be excluded, Services and website information are provided without any guarantee of a particular legal, procedural or commercial outcome.

successful service;
successful location of a subject;
acceptance of documents by a court or registry;
acceptance of a particular method of service;
acceptance of an affidavit or certificate;
completion by a particular deadline unless expressly guaranteed in writing;
the accuracy of information supplied by third parties; or
the outcome of any legal proceeding.

Nothing in these Terms excludes any warranty, condition, right or remedy that cannot lawfully be excluded or limited.

31. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, CAN-WEST will not be liable for indirect, incidental, special, exemplary or consequential damages arising from the Services, including loss of profit, loss of opportunity or other consequential economic loss.

To the maximum extent permitted by applicable law, CAN-WEST’s aggregate liability arising from a particular assignment will not exceed the fees actually paid to CAN-WEST for the specific Services giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be excluded or limited and shall be interpreted and reduced as necessary to comply with applicable law. Nothing in these Terms is intended to exclude liability for fraud, wilful misconduct or any other liability that applicable law prohibits CAN-WEST from excluding.

32. CLIENT INDEMNITY

To the extent permitted by applicable law, the Client agrees to indemnify and hold CAN-WEST and its directors, officers, employees and representatives harmless from third-party claims, liabilities, losses and reasonable costs arising from:

unlawful instructions provided by the Client;
inaccurate information supplied by the Client;
documents the Client was not legally entitled to serve or use;
the Client’s misuse of information obtained through CAN-WEST;
the Client’s violation of applicable law; or
the Client’s material breach of these Terms.

This indemnity does not apply to the extent a claim results from CAN-WEST’s own negligence, wilful misconduct or other conduct for which liability cannot lawfully be excluded.

33. EVENTS OUTSIDE OUR REASONABLE CONTROL

CAN-WEST is not responsible for delay or failure caused by circumstances outside its reasonable control, including severe weather, wildfire, flooding, road closures, natural disasters, power or telecommunications outages, labour disruptions, government restrictions, court or registry closures, public emergencies, transportation disruptions, building access restrictions, cybersecurity incidents affecting third-party infrastructure or other comparable events.

CAN-WEST will make reasonable efforts to resume affected Services when practicable.

34. REFUSAL OR TERMINATION OF SERVICES

CAN-WEST may refuse, suspend or terminate an assignment where reasonably necessary, including where instructions appear unlawful; requested conduct could endanger a process server or another person; the Client has provided materially false or misleading information; required fees have not been paid; the Client’s account is materially overdue; continued work could violate a law, court order or professional obligation; a conflict or other legal concern arises; or abusive, threatening or inappropriate conduct is directed toward CAN-WEST personnel or contractors.

The Client remains responsible for fees and expenses properly incurred before suspension or termination.

35. RECORDS AND REPORTS

CAN-WEST may maintain records concerning assignments, including instructions, attempt details, correspondence, affidavits, invoices and related records, in accordance with operational requirements, its Privacy Policy and applicable law.

CAN-WEST may establish reasonable retention and destruction periods for records. Clients should maintain their own copies of documents and should not rely upon CAN-WEST as the permanent repository for litigation files.

36. NO WAIVER

Failure by CAN-WEST to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision or CAN-WEST’s right to enforce it subsequently.

37. SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall, to the extent permitted by law, be interpreted or limited so as to make it enforceable. If that is not possible, the provision shall be severed and the remaining provisions shall continue in effect.

38. CONFLICT WITH SPECIFIC WRITTEN AGREEMENT

Where CAN-WEST and the Client have entered into a separate written service agreement, master services agreement, account agreement or other contract, that agreement will govern to the extent of any direct inconsistency with these Terms.

Specific written instructions accepted by CAN-WEST concerning an individual assignment will govern the operational details of that assignment but will not otherwise replace these Terms unless expressly stated.

39. CHANGES TO THESE TERMS

CAN-WEST may amend these Terms periodically. The current version will be posted on our website together with its effective or last-updated date.

Unless otherwise required by applicable law or expressly agreed, amendments apply prospectively to Services requested after the amended Terms become effective. Material changes will not retroactively alter the agreed terms governing completed assignments unless the Client and CAN-WEST agree otherwise.

40. GOVERNING LAW AND JURISDICTION

Subject to any mandatory law that requires otherwise, these Terms and the relationship between CAN-WEST and the Client are governed by the laws of the Province of Saskatchewan and the applicable federal laws of Canada.

Subject to any mandatory jurisdictional rights that cannot be waived, the parties attorn to the courts of Saskatchewan for disputes arising from these Terms or the Services.

Notwithstanding the foregoing, Services performed in Alberta, British Columbia, Saskatchewan or Manitoba remain subject to applicable mandatory legislation, court rules and procedural requirements of the jurisdiction in which the Services are performed. Nothing in these Terms is intended to waive a right or protection that cannot lawfully be waived by contract.

41. ENTIRE AGREEMENT

These Terms, together with the applicable service request, accepted quotation, account agreement, Privacy Policy and any other written agreement expressly incorporated into the engagement, constitute the agreement between CAN-WEST and the Client concerning the applicable Services.

42. CONTACT INFORMATION

Questions concerning these Terms and Conditions may be directed to:

CAN-WEST PROCESS SERVER CORP.
700 – 1914 Hamilton Street
Regina, Saskatchewan, Canada S4P 3N6
Telephone: (855) 737-8226
Website: canwps.com

For privacy-related matters: privacy@canwps.ca

43. ACKNOWLEDGEMENT

By requesting or using Services from CAN-WEST PROCESS SERVER CORP., the Client acknowledges that the Client has read, understood and agrees to these Terms and Conditions.

CAN-WESTPROCESS SERVER CORP.