Form 8A – Affidavit of Service

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 8A – Affidavit of Service?

A Form 8A – Affidavit of Service is a sworn statement that proves you served court documents on someone in Ontario. It records what you served, who you served, how you served them, and when and where the service took place. You sign it under oath or affirmation before a commissioner for taking affidavits in Ontario. The court uses it to confirm that the other side received proper notice of your case or motion.

You typically use this form in the Superior Court of Justice. It applies to civil and family matters handled in that court. It is not the document you serve; it is the proof that service happened in the way the court rules require.

Who typically uses this form?

Process servers use it every day. So do lawyers, law clerks, and legal assistants. If you are self-represented, you may also use it. In most cases, the person who actually served the documents is the person who swears the affidavit. If you hired a process server, they will prepare and swear it. If you had a colleague deliver a package, they would need to swear it. If a lawyer’s office served documents by email with consent, the staff person who sent the email often swears it.

Why would you need this form?

Because the court will not take the next step unless you prove service. If you want a default judgment, you must show that the defendant was served. If you want a motion heard, the court will look for proof that you served the motion materials within the timelines. If you are filing an application, you need to prove the respondents received it. Without a proper affidavit of service, your matter can be delayed, struck from the list, or dismissed.

Typical usage scenarios

You sued for breach of contract and personally served the defendant with the statement of claim. You filed a motion for summary judgment and served the motion record by email on opposing counsel, who consented to email service. You served an application record on a corporation by delivering it to the registered office. You served a notice of garnishment on a bank branch and need to confirm how and when. You served an expert report on opposing counsel before trial and need to show you met the deadline. You served a person under disability by serving their litigation guardian, as required by the rules. In each case, your affidavit of service is the written, sworn proof that service was done properly.

When Would You Use a Form 8A – Affidavit of Service?

You use this form whenever you file court papers that require proof of service in the Superior Court of Justice. You will use it after serving originating documents, such as a statement of claim or application. You will also use it for later steps, such as motions, cross-motions, trial records, affidavits, expert reports, and cost outlines.

If you are a plaintiff or applicant, you will rely on this form to show you served the defendant or respondent. If you are a defendant bringing a motion, you will use it to show that you served your motion materials on the plaintiff and other parties. If you are counsel, your staff or process server will prepare it to record service on all parties of record. If you are self-represented, you will arrange for an adult who is not a party to serve personally where required, and that person will swear this form.

Consider a few practical examples. You filed a construction lien action and had a process server personally serve the corporate defendant by leaving the documents with a person in control at its registered office. The process server completes this form with the date, time, and address, and attaches a copy of the lien claim and the corporate profile showing the registered office. Or you brought an urgent injunction motion and served the materials after business hours. You prepare this form to explain where and when the service happened and, if the service was done after 4:00 p.m., you address the deemed service date. Or you served a motion record by email on opposing counsel who confirmed consent to email service. You attach the consent and the sent email as exhibits and swear to this form.

You will also use this form if you were served by an alternative method authorized by court order. For example, the court may order substituted service by email or by sending documents to a social media account. In that case, you attach the order and explain exactly how you complied. If you were served by mail or courier, you attach the proof of mailing or delivery slip and state the tracking details and the address used.

In estate matters, you use this form to show service of the application on beneficiaries and interested persons. In commercial cases, you use it to show service on secured creditors or landlords. In personal injury cases, you use it to show personal service on defendants and service on their insurers or counsel.

Legal Characteristics of the Form 8A – Affidavit of Service

This form is sworn evidence. It is legally binding because you give your evidence under oath or affirmation before a commissioner for taking affidavits in Ontario. If you swear falsely, you risk penalties for perjury and contempt. The court relies on your affidavit to decide whether service met the legal requirements. If service falls short, the court may refuse to proceed, set aside steps taken, or impose cost consequences.

What ensures enforceability?

First, proper commissioning. You must sign in front of a person authorized to take affidavits in Ontario, such as a lawyer, paralegal, or other commissioner. They complete the jurat, which states when and where you swore the document. You must show identification if asked. You must initial any changes. The commissioner must not pre-sign or backdate. If you complete it remotely, the commissioner must follow the rules for remote commissioning. Second, precise details. The affidavit must state the exact date, time, address, and method of service. It must name the person served or describe them if the name is unknown. It must list every document served. Attach supporting exhibits, such as a copy of the documents, courier receipts, screenshots, or emails. Third, compliance with the rules on service. You must use a permitted method of service for that document and party type. For example, some documents require personal service by an adult who is not a party. Service by email usually needs consent or an order, unless the recipient is counsel of record who accepts email service. Service in a corporation has specific methods. Service after 4:00 p.m. or on a holiday is generally deemed served on the next business day. Mail is generally deemed served on the fifth day after mailing. Your affidavit should reflect these rules, so the court can see that service counts on the required date.

General legal considerations apply. Keep your affidavit factual and concrete. Avoid conclusions like “he was properly served.” Instead, describe what you did: what you said, what the person said, what you observed, and how you confirmed identity. If you served a person at their home, note how you confirmed the address. If you served a receptionist at a business, state the capacity of the person who accepted service and any sign or business card that confirmed the location. If you served multiple people, address each service event clearly. If something unusual happened, say so. For example, if the person refused to take the documents, explain that you left them at their feet and told them what they were. The court can still find valid service based on your detailed account.

Remember that defective service can be corrected, but it costs time and money. The court can order that the service you already did counts, or it can order a different method. To avoid that, follow the rules on who can serve, when service is effective, and how to document it. Your affidavit is the cornerstone of that record.

How to Fill Out a Form 8A – Affidavit of Service

Follow these steps. Make sure the person who actually served the documents is the one who swears this affidavit.

1) Set up the court header

• At the top, fill in the court name: Superior Court of Justice.
• Insert the court file number. If you are serving an originating document with no file number yet, write “not assigned” and update after the court issues a number.
• Insert the court location (city).
• List the parties exactly as they appear on the originating document: plaintiff(s)/applicant(s) and defendant(s)/respondent(s). Use full legal names.

2) Identify the deponent (the person swearing the affidavit)

• Write your full name, city or town, and occupation. Example: “I, Jordan Smith, of the City of Toronto, process server.”
• If you are not a process server, state your occupation or say “student,” “self-employed,” or similar. Being clear helps the judge assess reliability.
• Confirm you are at least 18 years old. You can do this within the body: “I am the person who served the documents described below, and I am over 18 years old.”

3) State what you served

• List each document by exact title and date. Example: “Statement of Claim issued January 10, 2025,” “Notice of Motion returnable March 3, 2025,” “Affidavit of John Doe sworn February 14, 2025,” “Exhibit A to the affidavit,” “Draft Order,” “Costs Outline.”
• If you served a compendium or book of authorities, say so.
• If you served an amended document, say it is amended and include the amendment date.

4) Identify whom you served

• Name the person or entity served. If you served a corporation, use the exact corporate name. If serving an individual, use their full name.
• If you served someone on behalf of another (for example, a receptionist accepting service for a corporation), state their name and role. Example: “I served ABC Inc. by leaving the documents with Priya Patel, receptionist, a person apparently in control of the office, at ABC Inc.’s registered office.”
• If you do not know the name of the person who accepted, describe them: gender expression, approximate age, height, hair, notable features, and the role you understood them to have. Example: “female-presenting, approximately 35 years old, 5’6”, brown hair, wearing a name tag that read ‘Supervisor’.”

5) Describe how you served

• Choose the method permitted for that document and party. Common methods include:
• Personal service for an individual: hand the documents to them. If they refuse to take them, leave the documents in close proximity after telling them what they are.
• Service at place of residence: leave with an adult at that residence and mail a copy the same day or the next day. Include the mailing step details.
• Service on a corporation: deliver to the registered office or to a director or officer; or leave with a person apparently in control at the place of business. State which one you used.
• Service on a lawyer of record: deliver to the lawyer’s office, send by email if counsel accepts email service, or use an agreed document exchange. Record any consent to electronic service.
• Service by mail or courier: record the address, date shipped, method, and tracking number. Attach proof of delivery.
• Service by email or fax: record the email address or fax number, the date and time sent, and any consent or court order allowing that method. Attach the sent email with the attachments list or the fax confirmation page.
• Substituted or special service: attach the court order and explain how you complied (for example, serving by sending to a specific email and by direct message on a named platform).
• Be precise. Write the exact address, including the unit number. Include the date and the local time down to the minute if possible.

6) Explain how you confirmed identity

• If you served an individual, state how you knew it was them. Example: “He confirmed his name as John Doe,” “She produced a driver’s licence matching the name,” or “I recognized her from a photograph provided to me.”
• If you served at a residence, say how you confirmed the address. Example: “The address matched the driver’s licence and the number on the door,” or “The tenant directory listed the defendant’s name.”
• For corporate service, say how you confirmed the office. Example: “I checked the building directory and the door sign read ‘ABC Inc.’”

7) Provide dates for deemed service when needed

• If you served by mail, state the mailing date and note that service is effective five days later. Example: “I mailed the documents on February 1, 2025; service is deemed effective February 6, 2025.”
• If you served after 4:00 p.m. or on a holiday, state that the deemed date is the next business day. Example: “I served at 5:15 p.m. on Friday; service is deemed effective Monday.”
• If a rule sets a different deemed time for the method you used, record it.

8) Attach your exhibits

• Mark a complete copy of each document served as an exhibit. On the first page of each exhibit, the commissioner adds an exhibit stamp and signs it.
• Attach proof of delivery: courier receipts, tracking printouts, signed delivery confirmations, fax confirmations, sent emails with timestamps and attachment lists, or screenshots that show the message and the recipient.
• If you relied on consent to email or fax service, attach the consent.
• If you relied on a substituted service order, attach the order.

9) Add details for multiple parties or events

• If you served several people on different dates, list each service in a separate numbered paragraph. Keep each event clear and complete.
• If you served the same package at many parties the same way at the same time, you can use a schedule listing names and addresses and refer to it in the affidavit.
• If there is any doubt, use separate affidavits for separate service events to avoid confusion.

10) Review compliance with who can serve

• For personal service of originating documents, use an adult who is not a party. State that the server is over 18 and is not a party to the proceeding.
• For later steps, confirm whether a party may serve. If you, as a party, served later-step documents, say how you served them and confirm your age.
• If you used a professional process server, identify them by name and company.

11) Complete the declaration

• Keep your statements factual. Avoid legal conclusions. Use first-person statements like “On February 10, 2025, at 2:37 p.m., I attended 123 Main Street, Toronto.”
• Number your paragraphs. One fact per paragraph improves clarity.
• Check names, dates, file numbers, and addresses for accuracy. Typos lead to delays.

12) Swear or affirm before a commissioner

• Do not sign until you are in front of the commissioner. Bring photo ID. The commissioner will ask if you prefer to swear (religious oath) or affirm (non-religious).
• Sign on the signature line for the deponent. Initial any handwritten changes on each page.
• The commissioner completes the jurat with the location and date, signs, and prints their name and capacity. They will also sign each exhibit page near the exhibit stamp.

13) Filing and using the affidavit

• File the sworn affidavit of service with the court, with or before the document that requires proof of service. If you are filing for a motion, file it with your motion materials or in time for the hearing.
• Keep a copy for your records. Bring a copy to any hearing where service could be challenged.
• If the other side disputes service, the person who swore the affidavit should be available to testify if the court orders cross-examination.

14) Special situations to address in the affidavit

• If the recipient refused to identify themselves, but you confirmed identity by other reliable means, describe those means in full.
• If you left documents with an adult at a residence and mailed a copy, record both steps, including the mailing date and address used.
• If the documents were voluminous and you used a file share link in addition to paper, say so and confirm how you ensured access (for example, no password required or password provided by separate email).
• If language was a barrier, say whether you used an interpreter and how communication occurred.

15) Quality check before commissioning

• Confirm all document titles and dates match the served documents.
• Confirm all addresses match the envelopes and receipts.
• Confirm all exhibits are attached and exhibit-stamped.
• Confirm time zones if the service occurred near midnight or across regions.
• Confirm the affidavit is free of hearsay unless the rules permit it for routine service details. When in doubt, stick to what you personally did and saw.

Practical examples of completed statements:

• Personal service on an individual: “On March 4, 2025, at 3:12 p.m., I personally served John Doe at 22 Oak Street, Ottawa, Ontario, by hand-delivering a true copy of the Statement of Claim issued February 25, 2025, and the Notice of Action. When I asked if he was John Doe, he said yes. I told him the nature of the documents and left them with him.”

• Corporate service: “On March 5, 2025, at 10:05 a.m., I served ABC Inc. by leaving a true copy of the Notice of Application and Application Record with Priya Patel, receptionist, a person apparently in control of the office at ABC Inc.’s registered office, 400 King Street West, Suite 900, Toronto, Ontario. The office signage and business cards at reception identified ABC Inc. as the occupant.”

• Residence service plus mail: “On March 6, 2025, at 7:18 p.m., I left a true copy of the Motion Record for Jane Smith with Michael Smith, an adult resident at 55 Pine Avenue, Unit 4, Hamilton, Ontario. On March 7, 2025, I mailed a second copy to Jane Smith at the same address by regular lettermail. A copy of the addressed envelope and receipt is attached as Exhibit B.”

• Email service with consent: “On March 10, 2025, at 9:02 a.m., I served the Respondent’s Factum and Book of Authorities by email to opposing counsel, sarah.lee@firm.com, in accordance with her written consent dated March 3, 2025, attached as Exhibit C. A copy of the sent email showing attachments is attached as Exhibit D.”

• Substituted service: “Service was made by sending the Statement of Claim to the defendant at john.doe@gmail.com and by sending a direct message to the defendant’s account ‘@johndoe’ on March 12, 2025, at 8:30 p.m., in accordance with the court’s order for substituted service dated March 5, 2025, attached as Exhibit E. Screenshots of the messages with timestamps are attached as Exhibit F.”

Common pitfalls to avoid:

• Leaving out the exact address or time. The court needs these details.
• Not attaching proof for email, fax, mail, or courier. Always attach confirmations.
• Having the wrong person swear the affidavit. The server must swear it.
• Failing to mention the mailing step when you used the residence service.
• Using a party to personally serve an originating document. Use an adult non-party instead.
• Signing the affidavit before seeing a commissioner. Never do this. Sign only in front of the commissioner.
• Altering the affidavit after commissioning. Any change requires re-swearing.

If you follow these steps, you will produce a clear, reliable affidavit of service that meets the court’s expectations. It will help your matter proceed on time and reduce the risk of adjournments or challenges to service.

Legal Terms You Might Encounter

• Affidavit. This is a written statement of facts that you swear or affirm are true. Form 8A is an affidavit that proves how, when, and where you served court documents in a case in the Superior Court of Justice.
• Deponent. This is the person who signs the affidavit. In Form 8A, the deponent is the person who actually served the documents, or who has first-hand knowledge of the service details.
• Commissioner for Taking Affidavits. This is the official who administers your oath or affirmation and signs the affidavit. They confirm your identity and that you swore or affirmed the contents. Lawyers and notaries often act as commissioners. The commissioner completes the jurat on Form 8A.
• Swear or Affirm. You must declare that the facts in Form 8A are true. You can swear on a religious text or affirm without one. Either way, you make a binding promise to tell the truth.
• Jurat. This is the block at the end of the affidavit. It states where and when you swore or affirmed, and who administered it. The jurat must be complete on Form 8A. It must include the commissioner’s signature and details.
• Exhibit. An exhibit is a document you attach to support your affidavit. For Form 8A, exhibits might include a copy of the served document, a delivery receipt, an email header, or a courier tracking page. Each exhibit must be marked and referenced in the affidavit.
• Service. Service means delivering court documents to a person or organization in a way that the rules accept. Form 8A records the service method and key details, such as date, time, and address.
• Personal Service. This is hand-delivery to the named person or to an authorized representative. If you used personal service, you must describe it in Form 8A. Include how you confirmed the person’s identity.
• Substituted or Alternative Service. This is a court-approved method when standard service is not possible. It could involve email, posting, or delivery to another person. If you used this method, Form 8A should cite the court order and describe exactly what you did.
• Process Server. This is a person who serves documents as a job. A process server often completes Form 8A because they have first-hand knowledge of the service. They must still swear or affirm the affidavit.
• Style of Cause. This is the formal case name that appears at the top of your documents. It includes the parties’ names and roles. On Form 8A, the style of cause must match the court file.
• Court File Number. This number identifies your case. You must put it on Form 8A. The court uses it to link your affidavit to the correct file.
• Proof of Service. This is the evidence that the service happened as required. Form 8A is the primary proof of service. Exhibits strengthen that proof.

FAQs

Do you need a lawyer to complete Form 8A?

No. Many people complete Form 8A themselves. You do need a commissioner to witness your signature. A lawyer can act as a commissioner, but you do not need legal representation to prepare or swear the form.

Do you have to be the server to sign Form 8A?

Yes. The person who served the documents should swear or affirm the affidavit. If someone else has direct knowledge of the service, that person can be the deponent. Avoid hearsay. The court prefers first-hand evidence.

Do you, as a party, have to use a process server?

Not always. Some documents can be served by you or your staff. Some documents require personal service by someone other than a party. Check the applicable rules for your document type. If in doubt, use a process server and keep detailed notes.

Do you attach the served documents to Form 8A?

Attach what helps prove service. Include a copy of the served document if helpful. Add delivery receipts, screenshots, tracking pages, or email headers. Mark each attachment as an exhibit and refer to it in the affidavit.

Do you need original ink signatures on Form 8A?

Your affidavit must be properly commissioned. Many commissioners accept remote commissioning, and some filings accept electronic copies. Follow the court’s current filing procedures. If you sign on paper, do not scan and alter the document after commissioning.

Do you file the Affidavit of Service with the court or send it to the other side?

You file it with the court to prove service. You can share a copy with the other parties if requested. The court needs it before taking the next step that depends on service, such as a hearing or default process.

Do you use one affidavit for several people served?

You can, but it can get confusing. Separate affidavits are cleaner. If you served multiple people or entities, use one Form 8A per person. That makes details clear and avoids mix-ups.

Do you correct mistakes by crossing out and initialing after signing?

No. Do not alter a sworn affidavit. If you find an error after commissioning, prepare a new Form 8A. Correct the information and swear or affirm again. You can also file a supplemental affidavit to add missing details.

Checklist: Before, During, and After the Form 8A – Affidavit of Service

Before signing

• Confirm the court and form. You are using Form 8A for the Superior Court of Justice.
• Gather the case details. Style of cause, court file number, and court location.
• Confirm the documents served. Titles, dates, and versions.
• Record service facts. Date, time, full address, and method of service.
• Confirm the person or entity served. Full legal name and role in the case.
• Note identity details. How you confirmed who you served.
• Collect proof. Delivery receipts, courier tracking, email logs, or text screenshots.
• Print or save exhibits. Label them clearly for use as exhibits.
• Verify authority for special service. If you used an alternative service, have the court order ready as an exhibit.
• Check who served. Ensure the server is eligible and not restricted for that document type.
• Prepare contact details. Phone and email for the deponent and, if used, the process server’s business info.
• Book a commissioner. Arrange in-person or remote commissioning.
• Review notes. Confirm all details are accurate and complete.

During signing

• Use the current version of Form 8A. Confirm all case headings match your other filings.
• Complete every field. No blanks for required items: names, dates, addresses, and method.
• Describe the service method precisely. Include identity steps, hand-delivery notes, or electronic steps.
• Detail the location. Full civic address, unit number, city, and postal code.
• Describe the recipient. Name and capacity, such as individual, officer, or agent.
• Identify all documents served. List names and dates exactly as on the documents.
• Attach and mark exhibits. Include copies of the served documents if helpful, and all delivery proof.
• Use exhibit stamps or cover pages. Label A, B, C, and reference each in the affidavit body.
• Review the jurat. Confirm that the date, city, and the commissioner’s full name and title appear.
• Show a valid ID to the commissioner. They must verify your identity.
• Swear or affirm to the contents. Do not sign before this step.
• Initial any minor corrections before commissioning. Never change the form after commissioning.
• Sign in ink or as directed for remote commissioning. Ensure the commissioner signs and adds any required info.

After signing

• Make a clean copy of the sworn affidavit and all exhibits. Keep the original safe.
• File the affidavit in the court file. Follow the court’s accepted filing method.
• Confirm the filing was accepted. Check for any rejection notices and fix issues quickly.
• Note the next court step. Ensure the affidavit is on file before hearings or motions.
• Update your service list. Record who was served, how, and when.
• Share a copy with other parties if requested. Do not send originals.
• Keep the server available. They may need to attend to confirm service if disputed.
• Store records securely. Keep digital and paper copies, including exhibits and notes.
• Diarize deadlines. Add follow-up dates for responses, motions, or return dates.

Common Mistakes to Avoid Form 8A – Affidavit of Service

• Leaving out key details. Don’t forget the date, exact time, and full address of service. Missing facts can lead to a filing rejection or an adjournment.
• Using the wrong service method. Some documents require personal service or other strict methods. If you use the wrong method, the court may set aside the steps taken, and you may face delay or costs.
• Having the wrong person serve. Certain documents cannot be served by a party. If the server is not eligible, the service may be invalid, and you may need to start again.
• Not commissioning the affidavit. An unsigned or uncommissioned Form 8A is not valid. The court will not accept it, and your hearing or motion may be delayed.
• Poor or missing exhibits. Delivery proof, email headers, or tracking pages matter. Weak exhibits can cause the court to doubt service and may force you to re-serve.
• Changing the affidavit after signing. Do not add notes or fix typos after commissioning. Altered affidavits raise concerns and may be rejected.
• Mixing multiple services into one affidavit. Combining many recipients or dates can confuse the record. Use one affidavit per person served to keep the facts clear.

What to Do After Filling Out the Form 8A – Affidavit of Service

1. Review your affidavit and exhibits. Check all names, dates, and addresses. Confirm the jurat is complete and signed. Confirm each exhibit label matches the references in the text.
2. File the affidavit promptly. File it in the same court file as the main case. Use the current filing method accepted by the court. If your filing is urgent, consider same-day filing and confirm receipt.
3. Confirm acceptance. Check for any clerk messages or rejection notes. If rejected, fix the issue and re-file quickly. Common issues include missing jurat details or unclear exhibits.
4. Serve or share as needed. You usually do not need to serve the Affidavit of Service itself. You can share a copy with other parties if asked or if a judge directs it.
5. Prepare for the next step. Bring a copy to any hearing or motion. If service might be challenged, have the server available. The court may ask the server to answer questions.
6. Keep your records organized. Store the original sworn affidavit and exhibits in a safe place. Keep digital scans with clear file names. Preserve delivery logs, tracking pages, and emails.
7. Plan for corrections, if needed. Do not alter a sworn affidavit. If you find an error, prepare a new Form 8A or a supplemental affidavit. Swear or affirm again and file it.
8. Document further service. If you serve more documents later, repeat the process. Complete a separate Form 8A for each person served and each service event.
9. Address service problems early. If you cannot locate a person or standard methods fail, consider seeking permission for an alternative service. Keep detailed notes of attempts. Those notes support any request you make to the court.
10. Monitor deadlines. Many court steps depend on proper and timely service. Track response periods and hearing dates. Confirm that the court has your proof of service on file well before any appearance.
11. Maintain consistency across documents. Ensure the style of cause, court file number, and party names match your other filings. Small differences can create filing delays.
12. Align with any court order on service. If you obtained an order for substituted service, follow it exactly. File the order as an exhibit and identify the steps you took under it.
13. Keep communication professional. If you share the affidavit with other parties, send a clear copy. Redact personal data only if required by the court or an order.
14. Prepare a brief summary for the court. If the judge asks, you or your process server should be ready to summarize how service occurred. Keep it factual, short, and aligned with the affidavit.
15. Maintain a service log. Record all service attempts, successful deliveries, and related costs. The log supports your affidavit and helps manage future steps in the case.