Affidavits of Service
If you’re a party to a small claims court case in Ontario, you may need to file an affidavit of service.
This blog post provides an overview of the role of affidavits of service in Ontario small claims cases, and how Downtown Notary can help you complete your affidavit of service.
What is an affidavit of service?
Generally, a party to a small claims court case must “serve”, or provide, copies of documents to all other parties to the case.
An affidavit of service is a sworn statement that sets out how a party served documents to the other parties to the claim.
The Ontario Rules of Small Claims Court sets out the requirements for service for small claims files, including:
Which documents must be served
When they must be served
To whom they should be served, and
Which methods of service are allowed
For more information on service for small claims matters, read the Ministry of the Attorney General Guide to Serving Documents for Small Claims Court.
The Ontario Small Claims Court requires parties to use the Form 8A Affidavit of Service. Generally, the person who served the documents must complete a Form 8A Affidavit of Service to prove that service was done. The Form 8A sets out who was served and when and how service was made.
An affidavit of service must be completed for each party served. For example, if three people were served, three affidavits of service must be completed.
Completed affidavits of service must be filed with the court when it’s time to proceed with the next step of the claim or the judge orders that they must be filed.
Where can I get the Form 8A affidavit of service?
The Form 8A Affidavit of Service is available on the Ontario Court Forms website.
Do affidavits of service need to be notarized?
Yes, affidavits of service must be notarized or commissioned. The person who served the documents must sign and swear or affirm the affidavit of service in the presence of a commissioner for taking affidavits or a notary public.
Do affidavits of service need to be notarized?
Yes, affidavits of service must be notarized or commissioned. The person who served the documents must sign and swear or affirm the affidavit of service in the presence of a commissioner for taking affidavits or a notary public.
Can Downtown Notary notarize the form 8A Affidavit of Service?
Yes! We can help you complete the form 8A at one of our convenient in-person locations.
We can also complete the document with our online commissioning services. This is how it works:
Create your secure account and book your appointment
Meet with your notary professional by video conference
Electronically sign the affidavit of service and download the completed document
Done!
Schedule your appointment today!
Questions?
If you have questions about notary services, we’re here to help. Contact us at info@downtown-notary.ca or call us at 647-799-3531.
This blog post is for information purposes only. It is not legal advice. If you have questions about small claims procedures, contact your local Small Claims Court for assistance. If you have questions about your legal rights, contact a lawyer for help.
