Filed in Ontario Small Claims Court and need proof of service? Form 8A is the Affidavit of Service. Swear it online by video with a notary — how it works, what to bring, flat $24.95.
Last updated: September 23, 2026
Affidavit of Service (Form 8A) for Ontario Small Claims Court: Sworn Online
Quick answer: Form 8A is the Affidavit of Service for the Ontario Superior Court of Justice (Small Claims Court), under Ontario Regulation 258/98. The person who served the documents swears it — confirming who they served, on what date, and at what address. They can swear it before an Ontario notary public online, by secure video: show valid photo ID, swear the statement, and sign while the notary watches. It costs a flat $24.95 per stamp plus HST. Confirm the court's current practice on remotely commissioned affidavits before filing. The notary commissions it; the court rules govern whether service was valid.
After you serve documents in Small Claims Court, the court needs sworn proof that service happened — and that proof is Form 8A, the Affidavit of Service. The swearing itself is quick, and the person who served the documents can do it online over video from anywhere in Ontario.
This guide covers what Form 8A contains, who swears it, how to swear it online, and when a lawyer or paralegal is the right call instead. If your affidavit is ready, you can book online or call (613) 434-5555. For family court matters, the affidavit of service is a different form — see our Form 6B guide.
Key Takeaways
| Decision point | What to check | Why it matters |
|---|---|---|
| The form | Form 8A, Ontario Regulation 258/98 | The Small Claims Court's prescribed proof of service. |
| Who swears | The person who served the documents | They must have personal knowledge of the service. |
| Represented? | Lawyer/paralegal may use Form 8B instead | A Certificate of Service replaces the sworn affidavit. |
| Court acceptance | Whether the court takes remote commissioning | Most do, but confirm before filing. |
| Price | Flat $24.95 per stamp plus HST | Same online or in person. |
What Form 8A Is
Form 8A is the Affidavit of Service prescribed for the Ontario Superior Court of Justice (Small Claims Court) under Ontario Regulation 258/98. On the official form, the deponent states their full name and where they live, then swears or affirms the facts of service — that they served the named person or corporation, on a stated date, at a stated address. The completed, sworn form is filed with the court as proof that the other side received the documents.
The official blank form is published by Ontario Court Services (Form 8A page). Download it, complete it unsigned, and bring it to your appointment — you sign in front of the notary.
Form 8A vs Form 6B — don't mix them up
Ontario courts use different affidavits of service depending on the proceeding — and one similarly numbered family form is not an affidavit of service at all:
| Form | Where it is used |
|---|---|
| Form 8A | Small Claims Court — Rules of the Small Claims Court (O. Reg. 258/98) |
| Form 8B | Small Claims Court — Certificate of Service, for a lawyer or paralegal only |
| Form 16B | Superior Court of Justice civil matters — Rules of Civil Procedure |
| Form 6B | Ontario family court — Family Law Rules |
| Form 26B | Family court — Affidavit for Filing Domestic Contract with Court; not an affidavit of service |
If your matter is in family court, use our Form 6B guide instead — divorce and family proceedings use Form 6B, not Form 8A. A civil claim in the Superior Court above the Small Claims limit uses Form 16B.
What the Small Claims Court Rules Say About Service (Rule 8)
Form 8A only proves service; Rule 8 of the Rules of the Small Claims Court decides whether the service was good. The notary does not check this for you, so it is worth knowing the rules before you swear to the facts.
The six-month clock. A plaintiff's claim must be served within six months after the date it is issued (rule 8.01(2)). If that window has passed, swearing an affidavit does not cure it; you need the court's leave to extend the time.
How a plaintiff's claim may be served. Rule 8.01 requires personal service or one of the alternatives to personal service that the rules allow:
| Who is being served | Permitted methods |
|---|---|
| An individual | Personal service (rule 8.02); leaving it with an adult member of the household at the person's residence and mailing or couriering a second copy the same or the next day (rule 8.03, effective the fifth day after mailing); registered mail or courier with a signature confirming receipt; or their lawyer or paralegal accepting service in writing |
| A corporation | Personal service on an officer, director or agent, or on a person who appears to be in control of a place of business (rule 8.02); mailing to the address on the Ontario business registry if the head office cannot be found there (rule 8.03); or its lawyer or paralegal accepting service |
| Anyone, when the above fail | Substituted service, by a court order under rule 8.04 — the order tells you how to serve, and your affidavit then describes that method |
Other documents in the proceeding (a defence, a motion, a settlement conference brief) can usually be served by mail, courier, fax or, where the rules allow it, email; the affidavit still records the method, the date and the address used.
What the counter sends back. Court staff cannot give legal advice, but they do refuse affidavits of service that are defective on their face. The common reasons:
- The affidavit is signed but not sworn — no jurat, or a jurat with no commissioner's signature and stamp.
- The date of service is missing or does not match the method (a mailed document is served five days after mailing, not the day it went in the post).
- The address served is not the one shown for that party on the claim, with no explanation.
- The copy of the document served is referred to as an exhibit but not attached or not marked.
- The affidavit was sworn remotely but the jurat does not say so. Under O. Reg. 431/20 the jurat must record that the oath was administered by video and where the deponent and the commissioner each were at the time; the notary completes this wording, but the court checks for it.
If your service was anything other than straightforward — a refusal at the door, a moved defendant, a corporation that has dissolved — do not swear around the problem. Ask a lawyer or paralegal, or the court's self-help resources, whether you need a motion for substituted service before you file anything.
What a Notary Can and Cannot Do
What a notary can and cannot do: A notary public administers the oath or affirmation on camera, takes your sworn statement as you sign, and commissions the affidavit of service. A notary does not decide whether service met the Small Claims Court rules, advise on how to serve, draft the affidavit, or give legal advice on your case. Those are matters of the court rules and, where you need advice, a lawyer or paralegal.
Minute Notary commissions affidavits as an Ontario notary public, including online by video under O. Reg. 431/20. For advice on service or your proceeding, see notary vs lawyer in Ontario.
How to Swear Form 8A Online — Step by Step
- Complete Form 8A, unsigned, with the details of service (who, when, where) and any exhibit ready.
- Book the service and a time. Choose affidavits when you book online. Slots run on Ottawa time (America/Toronto).
- Join the video call and verify identity with valid government photo ID.
- Swear and sign the affidavit while the notary watches; any exhibit is marked at signing.
- The notary commissions it and applies their seal.
- File it with the court as your proof of service.
What to Bring to Your Appointment
| Item | Why you need it |
|---|---|
| The completed Form 8A, unsigned | You swear and sign in front of the notary. |
| A copy of the document served (exhibit) | Often attached and marked at signing. |
| Valid government photo ID | Required on camera or in person. |
| A payment method | The flat fee plus HST is taken before release. |
Couldn't complete service? If you attempted service but could not complete it, do not guess at what to swear. Speak to a lawyer or paralegal about your options under the Small Claims Court rules before swearing anything.
Common Mistakes to Avoid
- Signing before the appointment. Swear and sign in front of the notary.
- The wrong person swearing. Only the person with personal knowledge of the service can swear it.
- Using the wrong form. Family court uses Form 6B, not Form 8A — and Form 26B is not an affidavit of service at all.
- Assuming every court accepts remote swearing. Confirm the specific court's practice before filing.
Pricing and Booking
| Service | Fee | Note |
|---|---|---|
| Swearing Form 8A | $24.95 per stamp | Flat rate plus HST, online or in person |
| Each additional stamp / seal | $24.95 | Same flat rate, no bulk tiers |
Online appointments add HST plus a small card processing fee, shown in full before you pay. To book, choose affidavits when you book online, or call (613) 434-5555.
Frequently Asked Questions
What is Form 8A?
Form 8A is the Affidavit of Service used in the Ontario Superior Court of Justice (Small Claims Court), under Ontario Regulation 258/98. The person who served the court documents swears or affirms in it who they served, on what date, and at what address. It is the sworn proof of service the court requires. A notary or commissioner administers the oath; the court rules govern how service and proof of service must be done.
Can I swear Form 8A online with a notary?
Yes. The person who served the documents can swear the affidavit before an Ontario notary public over a secure video appointment under O. Reg. 431/20 — show valid government photo ID, swear the statement on camera, and sign while the notary watches. Many Ontario courts accept remotely commissioned affidavits, but confirm the Small Claims Court's current practice before filing.
Who swears Form 8A?
The person who actually served the documents. They must have personal knowledge of the service — who was served, when, and where. The notary verifies the server's identity and commissions the affidavit; the notary does not verify that service was valid.
My lawyer handled service — do I still need Form 8A?
Not necessarily. Where a party is represented, the lawyer or paralegal may use a Certificate of Service (Form 8B) instead of a sworn affidavit, as noted on the official form itself. If you are self-represented, Form 8A is the usual route. If you are unsure which applies, ask your lawyer or paralegal.
How much does it cost to swear Form 8A?
Minute Notary charges a flat $24.95 per stamp plus HST, the same online or in person. Online appointments add HST plus a small card processing fee, shown before you pay. If more than one person is signing, an additional signer fee also applies.
Can the notary tell me whether my service was valid?
No. A notary commissions your sworn affidavit and verifies your identity. A notary does not advise on whether service met the Small Claims Court rules, how to serve, or your case. For that, speak to a lawyer or paralegal, or check the court's rules and guides.
Book Your Appointment
Need to swear Form 8A (Affidavit of Service) for an Ontario Small Claims Court matter? Minute Notary commissions it by secure video — flat $24.95 per stamp plus HST.
- Book online: Request an appointment
- Call: (613) 434-5555
- Service page: Affidavits
- Related guide: Form 6B affidavit of service for family court
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Rules of the Small Claims Court, O. Reg. 258/98 — Rule 8, Service of documents (Ontario e-Laws)
- Ontario Court Services — Form 8A (Affidavit of Service)
- Ontario Court Services — Form 8A PDF (RSCC-8A-E)
- Commissioners for Taking Affidavits Act (Ontario)
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
- Notaries Act (Ontario)
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About the author
Kai Mai
Content Editor, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.