Affidavit of Service (Form 8A) – Rules of the Small Claims Court – Ontario Court Services

The Affidavit of Service (Form 8A) is a legal document used in the Superior Court of Justice and Small Claims Court in Ontario to confirm that documents have been formally delivered (served) to the appropriate party involved in a court case. This form ensures that all parties are informed about the steps being taken in the legal process, allowing them the opportunity to respond.

Form 8A is an essential document in the Ontario Superior Court of Justice and Small Claims Court. It confirms that court documents have been served to the appropriate party. Follow these steps to accurately complete the form:

Step 1: Obtain the Form

• You can download Form 8A or pick it up from the court office.

Step 2: Fill Out Court Information

• Superior Court of Justice/Small Claims Court: Indicate the appropriate court.
• Claim No.: Enter the claim number associated with your case.
• Court Address and Phone Number: Provide the address and phone number of the court handling your case.

Step 3: Enter Party Information

• Plaintiff(s): Write the full name(s) of the plaintiff(s).
• Defendant(s): Write the full name(s) of the defendant(s).

Step 4: Personal Information of the Server

• Full Name: Enter your full name (the person serving the documents).
• Municipality & Province: Enter the municipality and province where you live.

Step 5: Details of Service

• Name of Person/Corporation Served
  • Enter the full name of the person, corporation, or entity served.
• Date of Service
  • Provide the date when the documents were served.
• Address of Service
  • Enter the complete address where the documents were served.
  • Check the appropriate box indicating the type of address (home, business, representative’s address, etc.).
• Documents Served
  • List the names of the documents that were served.

Step 6: Method of Service

• Personal Service
  • Check the appropriate box and provide details if served personally.
• Other Methods
  • Select the method used (e.g., registered mail, courier, service to lawyer/paralegal, email, regular lettermail, substituted service).
  • Provide additional information if required, such as names, email addresses, or other details of how service was accomplished.

Step 7: Additional Details (if necessary)

• Other Details
  • Use this section for any additional information that might be relevant to the service of documents.
  • If attendance money was paid for a summons to witness, state the amount.
  • Attach additional sheets if more space is needed.

Step 8: Sworn/Affirmed Statement

• Sworn/Affirmed Before
  • Indicate whether the affidavit is sworn or affirmed in person or by video conference.
  • If in person, provide the location (city/town, county/region) and date.
  • If by video conference, provide details about the locations of the deponent and commissioner, as well as the date.
• Signatures
  • Both the server (deponent) and the commissioner for taking affidavits must sign the form.

Step 9: File the Form

• Filing
  • Submit the completed and signed Affidavit of Service to the court.
  • You may be able to file it online. Visit the Ontario Court Forms website for more information.

Tips

• Keep Accurate Records: Document every step of the service process, including dates, times, and methods of service.
• Attach Proofs: Include any required proof of delivery, such as mail or courier confirmations, with the affidavit.
• Seek Legal Advice: If you are unsure about any part of the process, consider seeking advice from a legal professional.