All About 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 Notarize.ca can help you complete your affidavit of service with remote notarization.

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.

Can the Form 8A be notarized remotely?

Yes, the form 8A affidavit of service for Ontario small claims can be notarized online. This is how it works:

  • Create your secure Notarize.ca account and book your appointment

  • Meet with your notary professional by video conference

  • Electronically sign your affidavit of service and download the notarized document

Easy!

Ready to get started? Schedule your appointment today!

Questions?

Have more questions about e-notary services for affidavits of service? We’re here to help. Contact us at hello@notarize.ca or call us at (888) 632-9971.

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.

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