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Affidavits
This sworn affidavit is used to prove that court documents were properly delivered to another party involved in an Ontario legal proceeding.
Also known as
COURT FILE NUMBER ______
______
BETWEEN:
______ (Applicant)
AND
______ (Respondent)
AFFIDAVIT OF SERVICE
I, ______, residing in the City of ______, in the Province of ______, DO SOLEMNLY SWEAR AND STATE:
1. I delivered to ______ on ______ the following document(s) relating to this proceeding:
Document served: ______
2. The above-listed documents were served by the following method: ______
How it works
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A General Affidavit of Service is a sworn statement used in Ontario civil court proceedings to prove that legal documents were delivered to another party. It records who served the documents, what was served, on whom, when, where, and by what method. Courts require this proof before they will act on a motion, application, or claim, because no one should face legal consequences without first receiving the paperwork.
This form is used in the Superior Court of Justice and other Ontario civil proceedings outside of family court. If your matter is a family law proceeding, you need Form 6B instead.
Under Rule 16 of the Ontario Rules of Civil Procedure, every document that must be served requires proof of service before it can be filed or relied on in court. You will need this affidavit in situations such as the following.
Any person who is at least 18 years old and is not a party to the proceeding can serve documents. The server is the person who swears the affidavit of service. This is often a process server, but it can be a friend, colleague, or anyone else who meets the requirements.
The party whose case it is does not swear this affidavit. The person who physically delivered or sent the documents is the one who must attest to the facts of service.
Rule 16 of the Rules of Civil Procedure sets out how documents may be served. The method must be recorded in the affidavit.
The affidavit must give the court a complete record of the service event.
The server (the person who will swear the affidavit) must attend the commissioning appointment with the following.
At Minute Notary, the server presents photo ID, the notary verifies their identity, and administers the oath or affirmation. The server signs in the notary's presence, and the notary completes the jurat and applies the seal. The sworn affidavit is then filed with the court as proof of service.
Commissioning is a flat $19.90 per stamp. Virtual commissioning is available under Ontario Regulation 431/20 if both the server and the notary are located in Ontario during the video call.
Frequently asked
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