Form 7 (CSR-7-5) – Affidavit of Service

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 7 (CSR-7-5) – Affidavit of Service?

Form 7 (CSR-7-5) is a sworn affidavit you use to prove that you served court documents in a criminal case in the Superior Court of Justice. It records who was served, what was served, when and where service happened, and how you delivered the documents. The form is evidence. The court relies on it to decide if everyone had proper notice before a hearing or motion.

You or your server completes this form after the service is done. The person who actually served the documents is the “deponent.” They swear or affirm the affidavit before a commissioner for taking affidavits in Ontario. This step turns the service details into sworn evidence for the court file.

Who typically uses this form?

Defense counsel, Crown counsel, self-represented accused, legal assistants acting for counsel, and process servers use it often. You also use it when you must prove service on other parties, such as the Attorneys General, third-party record holders, or sureties. If you filed or plan to file a motion or application, you likely need this affidavit.

Why would you need this form?

Because the court needs proof that the other side received your materials, without proof of proper service, your motion may not proceed. The judge may refuse to hear it, adjourn it, or set aside any order made. This form keeps your timetable on track and shows that you respected the Rules.

Typical usage scenarios

You served a Notice of Application and application record on Crown counsel before a motion date. You file this affidavit to prove timely service.

• You served Charter notice and supporting materials on the Attorney General of Ontario and the Attorney General of Canada. You need the affidavit to show service on both.
• You delivered a Notice of Motion to vary bail to Crown counsel and to the surety. You complete the affidavit to confirm that both were served.
• You served a third-party records application to a police service and a hospital. You file the affidavit with your application to prove service on each record holder.
• You served a respondent on an appeal in the Superior Court of Justice. You file this affidavit with the appeal record to prove notice.

In short, you use Form 7 (CSR-7-5) whenever you need to prove that you gave proper notice of a criminal proceeding or step in the Superior Court of Justice.

When Would You Use a Form 7 (CSR-7-5) – Affidavit of Service?

Use this form after you have served documents in a Superior Court of Justice criminal matter. Typical users are defense counsel, Crown counsel, self-represented accused, and legal staff. You also use it when serving third parties who receive notice under the Rules or a court order.

You would use this form when you serve a Notice of Application with supporting affidavits on the Crown and any affected party. For example, you are bringing an application to exclude evidence. You serve the Crown and any other required parties by the deadline set by the Rules or by the court. You then swear this affidavit to prove service.

You would use it after serving Charter notices and materials on the Attorney General. Many constitutional challenges require proof that both Attorneys General received notice. The form records when and how you completed these steps. The court will review it before hearing the constitutional issue.

You would use it when you serve a bail variation motion on the Crown counsel and the surety. You must show that the surety was told about the proposed change. The affidavit confirms that the surety received your documents.

You would also use it when serving third-party applications on record holders. If you seek records from a police service, health-care provider, or other entity, you must prove service. The affidavit shows who was served, the address used, and the materials you delivered.

You use it in appeals or review proceedings that run in the Superior Court of Justice. If you served a Notice of Appeal and appeal materials, you complete this form to prove service on the respondent and any required agency.

You also use it when the court directs service by a specific method or on a specific person. For example, the court may direct service on a facility for an in-custody accused, or on counsel of record only. The affidavit confirms compliance with that direction.

If you served by email or fax, you use the form to prove that the method was allowed and used properly. You note the recipient’s address, consent if needed, and attach proof. If you are served by courier or mail, you record tracking details and delivery confirmation.

In short, you use this form right after service, and you file it with or before your hearing. It shows the court that proper notice was given on time, by an approved method, to the right recipients.

Legal Characteristics of the Form 7 (CSR-7-5) – Affidavit of Service

This form is a sworn affidavit. It is legally binding because it is evidence given under oath or affirmation. The person who served the documents swears or affirms that the service details are true. They do this before a commissioner for taking affidavits in Ontario. A false affidavit can lead to serious consequences, including criminal liability.

What ensures enforceability?

First, the Rules require proper service for many steps in a criminal case. The court expects proof of service in admissible form. A commissioned affidavit meets that standard. Second, the affidavit includes precise facts about service: identities, dates, times, places, and methods. Specificity helps the court confirm compliance. Third, exhibits attached to the affidavit support the facts. These can include email headers, fax confirmations, delivery receipts, or signed acknowledgments. Exhibits are marked and commissioned along with the affidavit.

Commissioning etiquette matters. The deponent signs in front of the commissioner. The commissioner verifies identity and administers the oath or affirmation. The commissioner signs the jurat, which states where and when the affidavit was sworn. Remote commissioning is permitted in Ontario. The same rules apply. Do not sign before the appointment. The commission must occur before filing.

The affidavit’s weight depends on clarity and completeness. Vague affidavits lead to delay or dispute. Clear descriptions of the method of service and recipient identity help. If the service was personal, the affidavit should explain how the server identified the person served. If the service was on counsel or a designated address, the affidavit should note that status.

Only the person who actually served the documents can swear this affidavit. If you did not serve the documents yourself, you cannot swear as if you did. Use the process server, staff member, or colleague who completed service. If you are self-represented and you served the other side yourself, you can swear the affidavit. If in doubt, use a neutral server who can later give evidence if needed.

Proof of service is often mandatory. If service is improper or late, the court may refuse to hear your motion or application. The court may also set aside resulting orders. When timelines are tight, judges rely on this affidavit to confirm readiness. Timely, accurate proof supports your position and protects your hearing date.

Always keep the original affidavit and exhibits together. The exhibits form part of the evidence. The court may reject an affidavit that refers to missing exhibits. Make sure every exhibit is stamped or marked and initialed by both the deponent and the commissioner.

How to Fill Out a Form 7 (CSR-7-5) – Affidavit of Service

Follow these steps. Work in order. Keep details precise.

Step 1: Confirm your file details.

• Use the correct court level: Superior Court of Justice (criminal).
• Write the court file number exactly.
• Use the style of cause used in your case (e.g., R. v. [Accused]).
• Match names to your filed materials.

Step 2: Identify the deponent (the server).

• Enter the server’s full legal name.
• State their city and province.
• State their occupation or role (e.g., process server, legal assistant, lawyer, or self-represented accused).
• The deponent must be the person who actually served the documents.

Step 3: Describe each document served.

• Use exact titles and dates.
• Examples: “Notice of Application dated [date],” “Affidavit of [name] sworn [date],” “Application Record, [number] pages,” “Factum,” “Book of Authorities.”
• List all items. Do not omit attachments.
• If you served a USB or media, describe its contents.

Step 4: Identify each person or entity served.

• State the full name and role: Crown counsel, defense counsel, accused, surety, Attorney General, police service, hospital, or other record holder.
• If serving a government office or corporation, name the office or department.
• If serving counsel, name the firm and counsel.
• If serving an accused in custody, note the institution or counsel of record.

Step 5: State the method of service for each recipient.

• Personal service: say you handed the documents to the person. Note how you confirmed identity.
• Service on counsel’s office: name the person who accepted and their role.
• Email: include the email address used. Note if the recipient consented to email service or if the Rules permit it.
• Fax: include the fax number and confirmation details.
• Courier or mail: include the address. State the courier name and tracking, or the mail method.
• If the service was made by a method ordered by the court, state that and attach the order.

Step 6: Record the exact date and time of service.

• Use a clear date format.
• Include the time with AM/PM or 24-hour clock.
• If you served multiple recipients at different times, list each separately.

Step 7: State the address or location of service.

• For in-person service, record the precise street address.
• For email or fax, record the address or number used.
• For courier or mail, record the delivery address used.

Step 8: Explain identification, if personal service.

• Briefly say how you knew the person’s identity.
• Examples: prior acquaintance, they confirmed their name, they provided identification, or the receptionist confirmed and introduced them.
• Keep it short but clear.

Step 9: Attach proof as exhibits.

• For email, attach a sent email and any delivery or read receipt.
• For fax, attach the fax confirmation report.
• For the courier, attach the waybill and delivery proof.
• For personal service at an office, attach a signed acknowledgment if you have one.
• Label each item as an exhibit (Exhibit “A”, “B”, etc.).
• The exhibits must be referred to in the affidavit body.
• The commissioner will mark and initial each exhibit.

Step 10: Address special recipients.

• Attorneys General: list each office served and the method used. Note the addresses used and any acknowledgments.
• Crown counsel: specify the local office and counsel name, if known.
• Accused in custody: note if service was on counsel or at the institution, as directed.
• Third-party record holders: name the organization and any specific department.

Step 11: Review timelines and compliance.

• Check your hearing date and the service deadline.
• Confirm your method of service is allowed for that document.
• If consent was required for email or fax, confirm and note it.
• If the court gave directions on service, confirm you followed them. Attach the direction as an exhibit if needed.

Step 12: Prepare the jurat and commissioning.

• Do not sign yet.
• Arrange to swear or affirm before a commissioner for taking affidavits in Ontario.
• Bring government-issued ID.
• The commissioner will confirm your identity and that you understand.
• You will swear or affirm the truth of the affidavit.
• Sign the affidavit in the commissioner’s presence.
• The commissioner signs, prints their name and capacity, and dates and locates the jurat.
• The commissioner also marks and initials each exhibit.
• If remote commissioning is used, follow the same steps by video. Sign as directed.

Step 13: Check for accuracy and completeness.

• Ensure names, dates, addresses, and methods are correct.
• Ensure every recipient is listed.
• Ensure every exhibit is attached and marked.
• If you make a correction, initial it and have the commissioner initial it.

Step 14: Make copies and file.

• Keep a copy for your file.
• File the original affidavit with the court.
• File it with your motion or application record, or as directed by the court.
• If required, serve a copy of the filed affidavit on the other parties.

Practical tips for common situations

• Multiple recipients: Use separate paragraphs for each recipient. Keep the sequence clear. Attach exhibits that connect to each recipient.
• Email service: Use a professional email account. Send as a single PDF if possible. Include a clear subject line. Save the sent message and any bounce-backs. Attach those as exhibits. Note any prior consent to the email service.
• Service on counsel: Ask if counsel accepts service by email. If yes, note that consent in the affidavit body. Include their confirmation as an exhibit if available.
• Personal service at an office: Ask for the recipient by name. If an assistant accepts service, record their name and title. Many offices have policies for accepting service. Note that in the affidavit.
• Service on a corporation or government: Use the designated address or department. Record the counter or intake window used. Ask the clerk to stamp a copy “received” if possible, and attach it as an exhibit.
• Late service: If you served close to the deadline, be exact about the time. Attach proof of delivery time. Be ready to explain any delay at the hearing.
• Incomplete or changed materials: If you re-served a corrected document, state that you served a revised version. List both service events.
• Confidential content: Do not attach sensitive content unless needed to prove service. You can attach a cover page or the first page with the title and date. Keep personal numbers or identifiers off exhibits unless they prove service.
• Counting days: When a deadline depends on business days, track weekends and holidays. Serve early where possible. The affidavit should stand on its own if the court checks the dates.
• After-hours service: If service is done after hours, record the time and circumstances. For email, note the send time. For the courier, record the delivery timestamp.

What the court looks for in your affidavit

• Clear identification of every person served.
• Exact titles of every document served.
• Accurate date, time, method, and place of service.
• Proof that the method used is allowed or consented to.
• Exhibits that support your statements.
• Proper commissioning and signatures.

Common mistakes to avoid

• Signing before you appear before the commissioner.
• Forgetting to attach exhibits that you refer to.
• Vague statements like “served as usual” without details.
• Mixing recipients in one paragraph without clarity.
• Using the wrong court file number or style of cause.
• Using a method of service not permitted for that document.
• Failing to show service on all required parties, such as both Attorneys General for a constitutional issue.

If service fails or is disputed

• Be prepared to file a new affidavit that explains the corrected service.
• Keep all delivery records.
• If you could not serve someone, record attempts in detail. You may seek directions from the court on alternate service.
• Do not guess or assume. The affidavit must state facts you know.

You want the judge to trust your proof of service on first read. A clear, specific, and properly commissioned Form 7 (CSR-7-5) does that. It shows that everyone had noticed, and it lets your matter proceed without delay.

Legal Terms You Might Encounter

You will see the word affidavit often. An affidavit is a sworn or affirmed statement of facts. You sign it to confirm that the service details are true. The person who swears the affidavit is the deponent. If you served the documents, you are the deponent. If someone else served them, that person is the deponent. The form asks about service. Service means delivering court documents to a person or their lawyer. The goal is to prove they received the documents. Personal service means handing the documents directly to the person. It can also mean leaving them with a lawyer or authorized agent. Substituted service is an alternative method that the court permits when standard service fails. This form records what method you used. The form also refers to the person served. That is the individual or entity who received the documents. It can be a party, a lawyer, or an authorized representative. The address for service is the place where you can serve documents. It is often a lawyer’s office address. List the exact location where you delivered the materials. The date and time of service are vital facts. They prove that you met any deadline. Write the full date, time, and time zone when you served. An exhibit is a document attached to your affidavit. It proves what you served or how you served it. Examples include a copy of the document served, a delivery receipt, or an email chain. The commissioner for taking affidavits is the official who administers your oath or affirmation. They witness your signature and complete their section. They include their name, office, and signature. Sworn or affirmed shows whether you took an oath with a religious reference or a solemn affirmation without it. Both have the same legal force. The form may ask for the court file number and style of cause. The style of the case is the case title that appears on the documents. The file number is the unique case number assigned by the court. The method of service describes how you served the documents. Examples include personal delivery, courier, fax, email, or mail. If you used an electronic service, note any consent or prior agreement. If you used a process server, that person completes and swears the affidavit. If you served as counsel or as a party, ensure the rules allow it. The affidavit of service is proof of service. It confirms service for the court record. It helps the court decide whether to proceed with a hearing. It also protects you if the service is later disputed. Keep a copy of the completed affidavit and any exhibits for your records.

FAQs

Do you have to swear the affidavit in front of a commissioner?

Yes. You must swear or affirm in front of a commissioner. You cannot sign it in private and file it later. The commissioner must witness your signature. They will sign and stamp the form. Bring identification and all exhibits.

Do you need to attach the documents you served?

Attach what the form requires. Common practice is to attach a copy of each document served. Attach proof of delivery for courier, fax, or email. Mark each exhibit and refer to it in the affidavit. Keep the attachments clear and legible.

Do you need to serve personally, or can you use email or courier?

Use the method allowed for the document you are serving. Some materials require personal service. Others allow courier, fax, or email. If you use electronic service, get consent where needed. Record the method, date, time, and contact details on the form.

Do you need a separate affidavit for each person served?

Yes, if you served different people, use separate affidavits. Each affidavit should cover one person served. If one server delivers to multiple people, they must complete one affidavit per person served. This keeps the proof clean and focused.

Do you need to be the person who served the documents?

Yes. The deponent must be the person who actually served. If a colleague or process server did the delivery, they must swear the affidavit. You cannot swear at someone else. Second-hand knowledge is not enough for this form.

Do you need to file the affidavit of service before the hearing?

Yes, file it in time for the court to review it. The court needs proof that the other side received the documents. File early if possible. Bring a copy to the hearing in case the judge asks about service.

Do you need to serve the affidavit of service on the other parties?

Usually, you do not need to serve the affidavit of service. But you should share it if the service is disputed. Some filings ask you to include proof of service in the filing package. Follow any directions set by the court.

Do you need to redo the service if you made a mistake on the form?

It depends on the error and the court’s view. If the mistake is minor, filing a corrected affidavit may be enough. If the method or address was wrong, you may need to re-serve. Correct errors quickly. File a new affidavit that fixes the issue.

Checklist: Before, During, and After the Form 7 (CSR-7-5) – Affidavit of Service

Before signing

• Confirm what you must serve. List each document by exact title and date.
• Confirm who you must serve. Identify the person or the lawyer on record.
• Confirm the method allowed for those documents. Note any consent needed for email or fax.
• Confirm the correct address for service. Use a current address for the person or lawyer.
• Check deadlines for service and filing. Plan your delivery method around those dates.
• Gather supporting proof. Prepare courier receipts, fax confirmations, or email headers.
• Print clean copies of the served documents. Make a set to attach as exhibits if needed.
• Book an appointment with a commissioner. Bring identification and the unsigned form.

During signing

• Verify the style of the cause and the court file number. Match them to the served documents.
• Verify the name of the person served. Ensure correct spelling and role (e.g., counsel).
• Verify the service details. Record accurate date, time, location, and method.
• Identify all documents served. Use full titles and dates, not shorthand or acronyms.
• Attach exhibits and label them. Refer to each exhibit in the affidavit text.
• Complete every field. Avoid blanks. Write “N/A” only where appropriate.
• Swear or affirm in front of the commissioner. Sign only after they instruct you.
• Ensure the commissioner completes their section. Check name, office, date, and signature.

After signing

• File the affidavit with the court. Meet any filing deadlines for your proceeding.
• Keep a stamped copy for your file. Store the original exhibits safely.
• If required, include the affidavit in your filing package. Ensure the court gets it in time.
• Notify the other side if needed. Share a copy if the service is challenged or unclear.
• Track your next court date. Bring a copy of the affidavit and exhibits to the hearing.
• If you discover an error, prepare a corrected affidavit. Re-serve if necessary and refile.

Common Mistakes to Avoid Form 7 (CSR-7-5) – Affidavit of Service

Leaving out the method of service

• Consequence: The court may question whether service was valid. You may need to re-serve and re-file.

Misstating the date or time of service

• Consequence: The court may find service late or unproven. Your hearing may be delayed.

Failing to name the person who accepted service

• Consequence: The affidavit may not link delivery to the right party. The court may reject your proof.

Signing without a commissioner present

• Consequence: The affidavit is invalid. You must swear it again and may miss deadlines.

Not attaching supporting proof for the electronic or courier service

• Consequence: The court may doubt actual delivery. You may have to file a new affidavit with exhibits.

Don’t forget to check the court file number and case title. A mismatch can cause rejection at filing. Don’t forget to record the full address where the service occurred. Vague locations weaken your proof. Don’t forget to confirm consent for email or fax where required. Without consent, the service may be invalid.

What to Do After Filling Out the Form 7 (CSR-7-5) – Affidavit of Service

1. File the sworn affidavit with the court. File it early enough for the court to review it before your hearing. If the court directs a specific filing method, follow it. Include the affidavit with any related filing package where required.
2. Serve a copy if directed or if service is disputed. While you often do not need to serve the affidavit itself, sharing it can resolve disputes. It also helps opposing counsel confirm the record.
3. Organize your proof. Keep the filed copy, the original exhibits, and your delivery records. Store courier receipts, fax logs, and email confirmations. Save an electronic copy with a clear file name. Keep notes of your service attempts.
4. Prepare for questions at the hearing. Bring the affidavit and exhibits. Be ready to explain who you served, when, and how. Have backup proof available.
5. If you need to amend the affidavit, act quickly. Use a fresh affidavit to correct errors. Make the correction clear. Attach any missing exhibits. If your original service was defective, re-serve and file a new affidavit.
6. If your service failed, plan an alternative. Try personal service at a different time or place. Confirm whether electronic service is allowed. Document all attempts. If needed, seek permission for an alternative method.
7. Track next steps in your case. Note deadlines that depend on the date of service. Update your calendar for any response dates and the hearing date. Ensure your proof of service remains accessible to your team.
8. If a process server handled service, confirm their availability. They may need to provide clarification or give evidence if the service is challenged. Keep their contact details in your file.
9. If the other side raises an issue with service, address it head-on. Review their concern. Check your affidavit and exhibits. Cure any gaps with a supplementary affidavit. If necessary, repeat service using a method that removes doubt.
10. Finally, audit your internal process. Confirm the address book is current. Confirm you used the correct form version. Confirm your team knows who can act as a deponent and who can commission. Build a checklist to avoid repeat errors in future filings.