Form 16B – Affidavit of Service (Ontario)

Jurisdiction: Country: Canada | Province: Ontario

What is a Form 16B – Affidavit of Service (Ontario)?

Form 16B is a sworn statement that proves you served court documents in an Ontario civil case. It tells the court who you served, what you served, when, where, and how. It is evidence. You sign it under oath or affirmation before a commissioner for taking affidavits. It becomes part of the court record.

You use this form in civil proceedings under Ontario’s court rules. It is common in the Superior Court of Justice. It applies to actions and applications. It is not the form used in Small Claims Court or most tribunal matters. If your case is not in Superior Court, confirm the correct form before you proceed.

Who uses this form? Any party who needs to prove service. That includes plaintiffs, defendants, applicants, respondents, interveners, and third parties. It also includes lawyers, paralegals, and professional process servers acting for a party. The person who actually served the documents swears the affidavit. If you hired a process server, they swear it. If you served the documents yourself and the rules allow it, you swear it.

Why do you need this form? The court will not act until you prove proper service. You cannot note a party in default without proof of service. You cannot proceed on most motions without proof of service. You need it for many steps in an action or application. The judge relies on the affidavit to confirm that each party had proper notice.

Typical usage scenario:

You start a lawsuit and serve a statement of claim on a corporation. You then complete Form 16B to show when and how service occurred. You bring a motion and serve your motion record on the other side’s lawyer. You file Form 16B with your motion materials. You serve a trial record, a notice of examination, or a notice of garnishment. You use Form 16B to show that service met the rules. If you get an order for substituted service, you carry it out and swear a Form 16B explaining the steps you took.

The form is short. The details are not. Clear, specific facts build credibility. Vague or incomplete facts risk delay or dismissal of your step. Treat the affidavit as formal evidence. Get it right the first time.

When Would You Use a Form 16B – Affidavit of Service (Ontario)?

Use Form 16B whenever you must prove service in a civil court matter in Ontario. You will use it at the start of a case. You will use it throughout the case. The need arises almost any time you serve a document that triggers a deadline or court event.

Here are practical examples. You operate a consulting company and sue for unpaid fees of $150,000. You serve the statement of claim on the defendant corporation’s registered office. You complete Form 16B and attach the courier tracking receipt. You want summary judgment. You serve your notice of motion, motion record, and factum by email on the defendant’s lawyer with consent. You swear a Form 16B and attach the consent and the email chain showing delivery. You are seeking an interlocutory injunction. You serve the materials by personal service on an officer of the defendant. Your process server signs Form 16B with a detailed description of the person served.

Consider an application for appointment of an estate trustee. You serve the application record on every required person. You complete a Form 16B for each person served, or one detailed affidavit covering all persons. Consider a construction lien action. You serve a notice of motion to vacate the lien on the owner’s counsel. You file Form 16B with your motion record. Consider a judicial review in Divisional Court. You serve the record on the respondent ministry and the Attorney General. You swear a Form 16B that sets out the service details and includes delivery proofs.

Different users will handle the form in different ways. As a self‑represented litigant, you may serve documents and swear your own Form 16B. As in‑house counsel, you may instruct a process server and file their Form 16B with your materials. As external counsel, you may have staff serve documents by email with consent. Your clerk then commissions and files a Form 16B with the email trail as an exhibit.

Service methods differ, and the affidavit must match the method. For personal service, you state the place, date, time, and identity of the person you handed the documents to. For service on a corporation, you name the individual and their role if known. For courier or mail, you include the address, date sent, and tracking or mailing details. For fax, you include the number and the confirmation sheet. For email, you include consent to email service, the email address used, and a copy of the sent message with timestamp.

If the court ordered substituted service, you follow that order. You might post a notice on a door, send by email and text, and mail copies to last known addresses. Your Form 16B outlines each step with dates and times and attaches photos and receipts. If the court allowed service outside Ontario, you follow the permitted method. Your Form 16B explains what you did and when.

You may not need a Form 16B for every routine exchange between counsel. You still need it when proof of service matters to a court step. When in doubt, complete it. Filing clear proof of service avoids disputes and protects your timelines.

Legal Characteristics of the Form 16B – Affidavit of Service (Ontario)

Form 16B is sworn evidence. It is legally binding because you swear or affirm its truth before a commissioner. That oath has consequences. If you misstate facts, you risk perjury or contempt. The court relies on the affidavit to decide whether service was proper. If service was not proper, your step may be delayed, set aside, or dismissed. Costs may follow.

What makes it enforceable is compliance with procedural rules and evidence law. The form must be sworn or affirmed. It must identify the deponent and their personal knowledge. The facts must be specific and complete. The method of service must be one the court rules allow or the court ordered. The affidavit must include enough detail for the court to assess compliance. That includes the exact date and time, location, method, and the identity of the person served. Attach exhibits that prove delivery. That might be a courier receipt, tracking report, email printout, or a photograph.

The affidavit should be sworn by the person who actually served the documents. They have first‑hand knowledge. Do not guess. Do not copy boilerplate that does not match what happened. If you served a corporation, say who accepted the documents and why you believed they were authorized. If you served a lawyer’s office, name the lawyer or staff member. If you left documents with a receptionist, explain the context and any follow‑up mailing required by the rules.

Electronic service can be valid when allowed. If you served by email, confirm the other side agreed or the rules permit it. State the email address used. Attach the email showing sending time and the document list. If you received a delivery or read receipt, attach it. For fax service, attach the transmission report and state the fax number. For courier, include the tracking page showing delivery. For mail, include the date of mailing and the address. Build a clear evidentiary trail.

Remote commissioning is permitted in many cases. You can swear the affidavit over video, if the commissioner follows required safeguards. You must show valid photo ID. The commissioner must be satisfied of your identity. The commissioner should see the exhibits and mark them. The jurat must state the location and date of commissioning. Do not sign before the commissioning. Do not backdate.

Privacy matters. Include only necessary personal information. Use full names and business titles. Avoid extra personal details. Redact account numbers or sensitive data from exhibits unless the court needs them.

Practical outcomes flow from this affidavit. If your Form 16B is complete and clear, the registrar or judge can act. Your motion can proceed. You can get default judgment. You can enforce an order. If it is vague or defective, the court may ask for a new affidavit or deny relief. That costs time and money.

How to Fill Out a Form 16B – Affidavit of Service (Ontario)

Follow these steps. Keep your sentences simple and factual. Prepare your exhibits as you go.

1) Confirm the rules and plan your service method.

• Confirm that your chosen method is allowed for the document you plan to serve.
• If you need consent for email or fax, get it in writing before service.
• If you need substituted service, get a court order first.
• If serving a corporation, confirm the registered office or an officer’s details.

2) Serve the documents and collect proof as you serve.

• Take note of the date, time, and exact address.
• Record names and roles of people you meet.
• Keep courier receipts and tracking numbers.
• Save emails, read receipts, or fax confirmation sheets.
• Take a photo if you post a notice, if allowed by an order.

3) Obtain the correct Form 16B template.

• Use the current Ontario Form 16B for the Superior Court of Justice.
• Print clearly if you complete it by hand. Typing is better.

4) Complete the header.

• Enter the court file number exactly as it appears on your issued document.
• Enter the court location (city) where your case is filed.
• Enter the style of cause with full party names in the correct order.
• Match capitalization and punctuation to your issued pleading.

5) Identify the deponent (the person who served).

• Enter your full name and city or town.
• State your occupation or role (for example, process server, law clerk).
• Confirm that you are the person who served the documents.
• Do not name someone else’s actions as if they were yours.

6) Describe the documents served.

• List each document by exact title and date on its face.
• Include the number of pages if helpful.
• If you served multiple documents, list each one clearly.
• You may attach a schedule that itemizes the documents as an exhibit.

Example: “On June 3, 2025, I served the following: (a) Statement of Claim issued May 20, 2025; (b) Notice of Action issued May 15, 2025.”

7) Identify whom you served.

• State the full name of the person or entity served.
• If a corporation, name the person who accepted service and their role.
• If you served a lawyer’s office, state the lawyer’s name and firm.
• If you served an individual, include any identifying details you relied on (for example, driver’s licence viewed).

Example: “I served ABC Manufacturing Inc. by leaving a copy with Jane Smith, Operations Manager, at 123 Industrial Road, Toronto.”

8) State the date, time, and place of service.

• Include the full civic address with unit or suite number.
• Include the exact date and local time.
• If service occurred in multiple steps (for example, leave and mail), list each step with date and time.

Example: “At 2:15 p.m. on June 3, 2025, at 123 Industrial Road, Toronto, Ontario.”

9) Describe the method of service in detail.

• For personal service, state that you handed the documents to the person.
• If you used an alternate method allowed by the rules, describe it.
• For service on a corporation, explain why the person was appropriate to accept service.
• For courier, include the name of the courier, tracking number, and delivery confirmation.
• For mail, include the mailing date and address.
• For fax, include the fax number and attach the transmission report.
• For email, state that consent was obtained or the rules allowed it. Include the email address and timestamp.

Example (email): “With prior written consent, I served by email to counsel at jdoe@lawfirm.com at 10:04 a.m. on June 3, 2025. The email did not bounce back.”

10) Address any special service circumstances.

• If you relied on an order for substituted service, refer to it and attach it as an exhibit.
• Describe each action the order required and when you did it.
• If the person served refused to give a name, describe the person and any statements made.
• If language barriers existed, explain how you confirmed identity.

11) Attach exhibits and label them.

• Attach proof of sending or delivery, such as:
• Courier receipts and tracking printouts.
• Email screenshots or printouts with headers and timestamps.
• Fax confirmation sheets.
• Photos of posted notices (if ordered by the court).
• A copy of the documents served, if useful.
• Mark each as “Exhibit A,” “Exhibit B,” and so on.
• Refer to each exhibit in the affidavit where relevant.

Example: “A copy of the email and delivery receipt is attached as Exhibit ‘A’.”

12) Review for accuracy and completeness.

• Check names, addresses, dates, and times.
• Ensure the method described matches the exhibits.
• Confirm that the affidavit states facts within your personal knowledge.
• Remove any speculation or opinions.

13) Swear or affirm the affidavit before a commissioner.

• Do not sign until you are with the commissioner (in person or by approved remote means).
• Show valid photo ID if asked.
• The commissioner will complete the jurat with date, location, and their name and authority.
• The commissioner should initial each exhibit.
• You may choose to affirm instead of swearing an oath.

14) File and serve the affidavit as required.

• File the original Form 16B with the court when the step requires it.
• File it with your motion record, application record, or default materials.
• Serve a copy of the affidavit on other parties if the rules require it for that step.
• Keep a copy for your records.

15) Avoid common mistakes.

• Do not use the wrong court level’s form.
• Do not leave out the time of service.
• Do not forget to attach delivery proof for mail, courier, fax, or email.
• Do not use vague phrases like “served in the usual way.”
• Do not sign without a commissioner present.
• Do not rely on hearsay. If you did not serve the documents, do not swear that you did.

Real‑world examples:

• Personal service on an individual: “On March 10, 2025, at 4:05 p.m., I attended at 55 Main Street, Unit 204, Ottawa, Ontario. I asked for John Lee. A male who stated ‘I am John Lee’ came to the door. I showed him the envelope addressed to him and said the contents were court documents. I handed the documents to him. He took them and said, ‘Okay.’ He is approximately 5’10”, medium build, with short black hair and glasses. I recognize him from the photo on his driver’s licence, which he showed me.”
• Service on a corporation: “On April 2, 2025, at 11:32 a.m., I attended the reception area of XYZ Plastics Ltd., 200 Commerce Drive, Brampton, Ontario. I asked to speak to a manager or director. The receptionist called Mary Brown, Plant Manager, who came to reception. When asked, she stated she was authorized to accept documents for the company. I handed her the documents. I mailed a second copy to the company’s registered office the same day. Canada Post receipt is attached as Exhibit ‘B’.”
• Service by email with consent: “On May 8, 2025, at 9:14 a.m., I sent the Notice of Motion, Motion Record, and Factum by email to opposing counsel at counsel@firm.ca. The recipients had consented in writing to service by email on March 1, 2025. A copy of the consent and the sent email are attached as Exhibits ‘A’ and ‘B’.”
• Substituted service under an order: “Under the order dated January 15, 2025, I posted the Notice of Application on the front door of 789 Pine Avenue, Hamilton, Ontario at 3:02 p.m. on January 20, 2025, and took a photo (Exhibit ‘C’). I also emailed the documents to jane.doe@email.com at 3:15 p.m. and mailed copies to that address and to 321 Oak Street on January 21, 2025 (Exhibits ‘D’ and ‘E’).”

If you served outside Ontario, state the place and method. Explain how you ensured the documents reached the person served by a permitted method. Attach international courier proofs or local server declarations as exhibits. Keep the language plain and direct.

Two final tips improve reliability. First, prepare a service log before you go. List the documents, addresses, and target persons. Note each attempt with date and time. That log helps you draft a precise affidavit later. Second, draft the affidavit soon after service. Fresh memory produces clear details. The court trusts contemporaneous records.

Your goal is simple. Give the judge enough clear facts to conclude that service was proper. Form 16B is the vehicle. Specific, accurate, and well‑supported facts move your case forward.

Legal Terms You Might Encounter

• Affidavit means a written statement you swear or affirm is true. Form 16B is that sworn statement. You use it to prove how you served documents.
• Deponent is the person who swears or affirms the affidavit. If you served the documents, you are the deponent. If a process server did, they are the deponent.
• Service means delivering court documents to another party in a way the court accepts. The affidavit records when, where, and how you did that.
• Personal service means handing the document directly to the person. Your affidavit must say you did that and include details, like the location and time.
• Substituted service is a court‑approved alternative when personal service is not possible. If that happened, your affidavit should refer to the order and describe what you did.
• Electronic service means sending documents by email or another approved platform. Your affidavit should state the email address used and the date and time sent.
• Alternate to personal service covers approved methods other than hand‑delivery, such as mail or courier. Your affidavit should identify the method and tracking details, if any.
• Commissioner for taking affidavits is the official who takes your oath or affirmation and signs the form. They confirm your identity, watch you sign, and complete their section.
• Swear or affirm describes how you declare your statement is true. Swearing uses a religious oath. Affirming does not. The commissioner records which one you choose.
• Exhibit refers to a document attached to an affidavit and labeled. You may attach proof of delivery, like a courier receipt, as an exhibit to support Form 16B.
• Court file number is the unique number for your case. You must include it on Form 16B so the court can link your affidavit to the right file.
• Applicant and Respondent are the parties in the case. Your affidavit identifies who you served. It should match the party titles on the case.
• Proof of service is the evidence that service happened in the required way. Form 16B is the standard proof for the court record.
• Hearing is the court date or appearance where the judge may review service. A complete Form 16B helps avoid delays or adjournments at that hearing.

FAQs

Do you have to be the person who served the documents to sign Form 16B?

Yes. The deponent must be the person who actually served. If a process server or colleague served, they sign the affidavit, not you.

Do you need to hire a process server to complete Form 16B?

Not always. Any eligible adult can usually serve and complete Form 16B. Some documents have stricter rules. Check whether a party can serve or if you must use someone else.

Can you serve by email and still use Form 16B?

Yes, if email service is allowed for your document and situation. In the affidavit, include the email address, date, time, and any delivery confirmation. Attach printouts as exhibits if helpful.

What if you made a mistake in the affidavit after signing?

Do not alter a sworn affidavit. Prepare a new Form 16B with correct information and have it commissioned again. If the mistake is minor, you can file a fresh version and withdraw the old one.

Can one affidavit cover service on multiple people?

You can cover multiple recipients if the same deponent served them all. List each person, the method, date, time, and place for each service. If different people served, use separate affidavits.

Do you need to attach proof like courier receipts or tracking pages?

It helps. Attach receipts, tracking pages, or email headers as exhibits. Label each exhibit and refer to it in the affidavit. This strengthens your proof if service is challenged.

What happens if you cannot identify the person you served?

Describe how you confirmed their identity. Note what they said, identification shown, or how you recognized them. If identity was uncertain, explain the steps you took to verify.

When should you file the affidavit with the court?

File it as soon as practical after service. Many deadlines require proof of service before a hearing or motion proceeds. Build in time for processing.

Can you sign the affidavit over video?

That can be acceptable in some settings. You must follow the commissioner’s process, which may include showing ID and signing in view. Confirm that remote commissioning is available before you proceed.

What if the person refuses to take the documents?

For personal service, you can leave the documents in their presence and tell them what they are. Record the refusal in your affidavit. Include where it happened and what you said.

Checklist: Before, During, and After the Form 16B – Affidavit of Service (Ontario)

Before signing

• Court file number and court location.
• Full names of all parties and their roles.
• The exact title of each document served.
• The date, time, and place of service.
• The method of service used.
• The name and role of the person served.
• How you verified identity of the person served.
• Details of any attempts before successful service.
• Any court order allowing alternate service, if used.
• Proof items: receipts, tracking pages, email headers.
• Copies of the served documents.
• Notes made right after service while details were fresh.
• Contact details for the commissioner who will witness your affidavit.

During signing

• Confirm your name and contact details are correct.
• Confirm the court file number matches the case.
• Confirm party names and titles match the case style.
• Confirm the document titles are exact and complete.
• Confirm each service detail: date, time, and location.
• Confirm the method of service is accurately described.
• Confirm the identity details for the person served.
• Refer to any exhibits correctly and label them.
• Sign only in front of the commissioner.
• Show valid ID to the commissioner if asked.
• Ensure the commissioner completes and signs their section.
• Check the date of commissioning is accurate.
• Verify all pages are initialed if required by the commissioner.
• Keep the affidavit clean, legible, and free of edits.

After signing

• Make a clear scanned copy for your records.
• File the original or a certified copy as required.
• Upload through the court’s system if filing online.
• Verify the filing was accepted and entered on the file.
• Calendar any related deadlines or hearing dates.
• Store the original in a safe, organized place.
• Keep exhibits with the affidavit for easy reference.
• Send a courtesy copy to other parties if helpful.
• Brief the person handling the hearing on service details.
• If service may be disputed, have the deponent available.
• Update your internal file index and document log.

Common Mistakes to Avoid

• Serving the wrong way for the document.
• Some documents require personal service. Using mail or email when not allowed can void service. Don’t guess. Confirm the accepted method first.
• Leaving out key details.
• Missing the time, place, or method weakens your proof. The court may reject it. Don’t forget to include each required detail for every person served.
• Signing without a commissioner.
• Unsigned or uncommissioned affidavits carry no weight. Your filing can stall. Don’t sign until the commissioner is present and ready to complete their part.
• Changing the affidavit after commissioning.
• Handwritten edits after signing can invalidate the affidavit. Don’t alter it. If you find an error, prepare and commission a new one.
• Using a party who cannot serve.
• Some documents must be served by a non‑party. If a party serves when not allowed, service can be set aside. Don’t risk it. Use an eligible server.
• Poor or missing exhibits.
• Claims of email or courier service without proof invite challenges. Don’t skip exhibits. Attach tracking, headers, or receipts and refer to them.

What to Do After Filling Out the Form

1. File your affidavit promptly. Submit it with any related motion or application materials. If filing online, ensure the scan is clear and complete. Include exhibits in a single, ordered package if possible.
2. Confirm acceptance. Check for a confirmation or a stamped copy. Save the receipt or acknowledgment in your file. If the filing is rejected, fix issues and refile.
3. Share as needed. You usually don’t have to serve the affidavit of service. Still, sending a copy to the other side can reduce disputes. Keep a record of what you sent.
4. Prepare for objections. If you expect a challenge, organize your proof. Keep the original affidavit, exhibits, and any notes ready. Arrange for the deponent to be reachable on the hearing date.
5. Tie the affidavit to the right event. Make sure the affidavit is available for the motion or hearing it supports. Bring a spare copy for the court and for counsel, if needed.
6. Correct errors quickly. If you notice a mistake, complete a new affidavit. Do not amend a sworn one. File the corrected version and advise that it replaces the prior filing.
7. Update your internal checklist. Mark service as complete, note the date, and update deadlines. Track any follow‑up, like responses triggered by the served document.
8. Archive securely. Store the original in a designated location. Name digital files clearly, including the date of service and the document served.