How to Fill Out an Affidavit of Service form in Ontario?

Completing an Affidavit of Service form in Ontario requires attention to detail and a clear understanding of its purpose in the court process. The affidavit is the official proof that you delivered legal papers to another party. Different courts in Ontario have their own Affidavit of Service forms, which can be found on the courts’ official websites. Without an Affidavit of Service to prove that all parties in your case were served any documents you intend to use in court, the court may refuse to schedule your hearing or trial.

Understanding the Purpose of an Affidavit of Service

Serving documents is a key part of ensuring fairness in legal proceedings. Each party must receive notice of claims, defenses and motions so they can respond to them. An Affidavit of Service captures who served the papers, what was served, when they were served, and where and how they were served. The affidavit can show that deadlines for service were met.

Downloading the current version of the form

Begin by downloading the current version of the Affidavit of Service form from the website for the correct court. For example there are different affidavits of service for Ontario Small Claims Court, family court proceedings and civil litigation.

Follow the Instructions on the Affidavit of Service Form

The affidavit of service form will provide a list of acceptable ways to serve the documents, such as in person, by registered mail or by fax. Carefully review the ways to serve the documents and make sure you use a method that the court approves of. If your documents are not served properly, this can lead to delays or even a dismissal of your case. Gather the court file number, the exact titles of the documents you served, and every detail about where and how the service took place. Keep copies of items like postal or fax receipts to attach to the affidavit as proof of service.

Remember to Serve your Documents BEFORE swearing the Affidavit of Service

Your Affidavit of Service serves as proof that your documents were served on any other parties in your case. You need to swear the affidavit in front of a commissioner of oaths/notary public AFTER you have served the documents. A common mistake is to try to complete the affidavit of service at the same time as you notarize/commission other legal documents that you will be serving on the other parties. You need to return to the commissioner/notary after you serve the legal documents, to swear the affidavit of service with the specific details and time you served the other party. Swearing a false affidavit is an offence, and it will also undermine your credibility thus potentially jeopardizing your case.

Completing the Form

Complete the Affidavit of Service form after you have served all of the parties in your case with your legal documents. Be sure to read the instructions carefully and provide all necessary information.

Describe How Service was Carried Out

The body of affidavit of service forms are arranged in blocks, each matching a different rule-based method of service. Read each block carefully and choose the one that matches what you actually did. Provide any details required by the form, such as dates and time of service of the documents.

Describe Unsuccessful Attempts

If you were not able to serve the documents successfully, you can describe all of your attempts to serve the document that were unsuccessful, following the instructions on the affidavit of service form.
Attach extra sheets if needed and reference them in the affidavit so the court knows additional pages exist.

Swearing or Affirming the Affidavit

Do not sign until you are in front of a commissioner for taking affidavits such as a lawyer, notary public or designated court clerk. They will administer your oath or affirmation, witness your signature and then complete the jurat at the bottom.

Filing the affidavit

Once the affidavit of Service is commissioned, you need to file it with the correct court office. You may be able to do this in person or online, depending on the rules of the court your case is in. It is crucial that you review all the rules for serving and filing documents, or consult a lawyer for information about how to proceed. As well, be sure to file the document in a timely manner, as the court will have a time limit for filing documents.

Final thoughts

A well-prepared Affidavit of Service demonstrates respect for the court process and prevents avoidable adjournments. By recording every relevant detail and following the structure of the form you give the judge immediate confidence that service was carried out properly and on time. Keep a clean template on hand for future filings and check the court website regularly because form versions do change.

How Can Red Seal Notary Help?

Red Seal Notary can help you commission Affidavits of Service that you have prepared yourself or that have been provided to you by a legal professional. However, please note that we do not provide legal advice and cannot draft affidavits for you or provide any information about the specific rules of the court where you are filing your documents. All notaries at Red Seal Notary are also Commissioners of Oaths, and are authorized to administer oaths or affirmations for affidavits.

Red Seal Notary has convenient walk-in offices in Toronto, Ottawa, and Mississauga, as well as by appointment locations across Canada where you can have your Affidavits of Service sworn. Please visit our website at www.RedSealNotary.com or contact our helpful call center at 1-888-922-7325 to make an appointment to notarize documents at locations across the country.

Helpful Links

Forms for Ontario Small Claims Court

Ontario Government Guide to Forms for Ontario Family Law Proceedings

Ontario Superior Court of Justice Rules of Civil Procedure for Filing and Serving Documents