Affidavits
Affidavit of Service (Form 8A) — Ontario Small Claims Court
The sworn proof of service the Ontario Small Claims Court asks for after you serve a claim, defence, or notice. Prepare your wording here, then swear it before a notary — the court's own Form 8A is the version you file.
Pay only when you notarize
Word files are editable. Review any changes carefully before signing or uploading.
Also known as
- Form 8A
- Small Claims affidavit of service
- Proof of service Small Claims Ontario
The blanks fill themselves in as you type.
- Scope
- General template, not legal advice
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Affidavit of Service (Form 8A) — Ontario Small Claims Court
A compact preview of this template
01Your Information (the person who served)
Your full legal name
Full name of the person or business served
Your full address
AFFIDAVIT OF SERVICE (FORM 8A)
I, ______, of ______, in the Province of Ontario, MAKE OATH AND SAY (or AFFIRM) (or affirm) that:
Role in the proceeding (if applicable):
I served ______ with the following documents: ______.
I served them on ______, at ______.
Service method and required supporting facts: ______
How I identified the person served (if applicable):
Signed and sworn (or affirmed/declared) before me by videoconference in Ottawa, Ontario, while the Affiant(s)/Declarant(s) were located in ______________________, on ______________________, pursuant to O. Reg. 431/20, and Electronic Commerce Act, 2000.
______________________________ | ______________________________ |
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How it works
Prepare your document, one step at a time.
Answer the questions, choose the download you need, then continue with signing or booking.
Overview
About this document
- 01
File the court's Form 8A, not a substitute
The Small Claims Court prescribes Form 8A and expects that form. Download the current revision from Ontario Court Services — it was last revised on 1 August 2022 — and put your sworn wording on it. What you prepare here is the content: who you served, with what, when, where, and how.
An out-of-date revision is one of the ordinary reasons a filing is turned away at the counter, so download a fresh copy rather than reusing an old one.
- 02
Which affidavit of service form do you need?
The form number follows the court your matter is in, not the document you served. Using the wrong one is a common reason a filing comes back.
- Small Claims Court: Form 8A, under the Rules of the Small Claims Court.
- Family court (divorce, parenting, support): Form 6B, under the Family Law Rules.
- Superior Court of Justice civil matters above the Small Claims limit: Form 16B, under the Rules of Civil Procedure.
- 03
Who swears it — and when a certificate replaces it
The deponent is the person who actually handed over, mailed, couriered, or emailed the documents. They must have personal knowledge of the service; you cannot swear to service somebody else performed.
If a lawyer or paralegal served the documents, the Small Claims Court accepts Form 8B, the Lawyer or Paralegal's Certificate of Service, instead of a sworn affidavit. Form 8A is therefore the usual route for a self-represented party.
- 04
When to file it, and how service is proved
File Form 8A with the court where the claim was issued, online through the Small Claims Court’s filing portal or at the counter, not at the notary appointment. The court needs it before it will act on the service: before the clerk signs default judgment when the defendant has not defended within 20 days, before a motion is heard, and at the settlement conference, where the file is checked.
The affidavit names the method of service and the date, because the defendant’s time to respond runs from that date. A plaintiff’s claim must be served within six months of being issued, and service by mail or courier is treated as made on the fifth day after mailing. Keep the courier receipt or the returned email as an exhibit; the notary endorses each exhibit separately.
- 05
What the notary does, and does not do
The notary verifies your identity, administers your oath or affirmation, witnesses your signature, and applies the seal. Eligible affidavits can be commissioned over secure video under O. Reg. 431/20.
The notary does not decide whether your service was valid, advise on how to serve, or draft your affidavit. Whether service met the rules is a question for the Rules of the Small Claims Court and, where you need advice, a lawyer or paralegal.
Good to know
Before you fill it in.
Short notes from our notary on this template. Worth a minute before you start.
- 01
Reviewed for use in Ontario by a notary public.
- 02
Prepare your wording online, then file on the court's own prescribed form.
- 03
Sign only in front of the notary; we administer the oath and apply the seal.
Frequently asked
Questions about the Affidavit of Service (Form 8A) — Ontario Small Claims Court
- Which court uses Form 8A?
- The Ontario Superior Court of Justice sitting as the Small Claims Court, under O. Reg. 258/98. Family court uses Form 6B, an ordinary civil action uses Form 16B, and a Federal Court matter uses Form 146A.
- Can I swear Form 8A online?
- Yes — an Ontario notary can commission it over secure video under O. Reg. 431/20. Confirm the court's current filing practice for remotely commissioned affidavits before you file.
- My paralegal served the documents. Do I still need Form 8A?
- Usually not. A lawyer or paralegal may sign Form 8B, the Certificate of Service, instead. Ask them which they are filing.
- Do I sign it before the appointment?
- No. An affidavit must be signed in front of the notary or commissioner, who administers the oath first. Bring it filled in but unsigned.
Keep exploring
Related templates
Other documents for identity & personal status.
- 01Affidavit of Service (Form 16B) — Ontario Rules of Civil Procedure
The proof of service used in an ordinary Superior Court of Justice action, as opposed to a Small Claims or family matter. Prepare your wording here, then swear it before a notary and file on the court's Form 16B.
Fill it out - 02Affidavit of Service (Form 146A) — Federal Courts of Canada
The proof of service for a Federal Court matter — an immigration judicial review, for example — rather than an Ontario court one. Prepare your wording here, then swear it before a notary.
Fill it out - 03Supporting Affidavit for a Small Claims Motion (Form 15A)
Form 15A carries a Small Claims Court motion and the affidavit that supports it on one document. Only the affidavit half is sworn — prepare that wording here, then swear it before a notary.
Fill it out - 04Affidavit of Source of Funds
A sworn affidavit explaining where your money came from — often required for large deposits, real estate purchases, or anti-money-laundering checks. Fill it in online, download a ready-to-sign PDF, and notarize in Ontario.
Fill it out
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