Form 8 – Certificate of Service by Sheriff

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 8 – Certificate of Service by Sheriff?

Form 8 — Certificate of Service by Sheriff is an Ontario court form that proves the Sheriff personally served a court document. It is an official record from the enforcement office confirming who was served, when, where, and how service occurred. When service is performed by the Sheriff, this certificate stands in place of your Affidavit of Service. Courts treat it as reliable proof because it comes from an officer of the court.

You will see this form in civil, family, and enforcement matters. The Sheriff’s office can be instructed to serve documents when the rules or a judge direct it. You may also choose the Sheriff for service when neutrality and accuracy matter. The certificate then becomes part of your court record and backs the next step you want to take, such as default judgment or enforcement.

Who typically uses this form?

Litigants, lawyers, and law clerks who arrange service through the Sheriff. Creditors enforcing judgments use it often. Government actors and institutional parties may rely on it where statute or court order requires Sheriff service. The Sheriff fills in the service details and certifies them. You supply the case information, the document to be served, and instructions.

You would use this form when you need authoritative proof of personal service. Some documents require strict personal service. In other cases, a judge may order that the Sheriff serve because the recipient is evasive, hostile, or in custody. The Sheriff also serves enforcement notices, writ-related documents, and post-judgment papers. The certificate is your evidence that the document reached the right person in the right way.

Typical usage scenarios include serving a contempt motion on a party who denies prior notice, serving a judgment debtor with a seizure notice at a rural property, or serving a corporation at its registered office when accuracy is essential. It can also be used after an order for substituted service that directs the Sheriff to post or deliver documents in a specified manner. In each case, the certificate closes the loop: it tells the court service happened, by whom, and with what method.

In plain terms, Form 8 gives you reliable, court-recognized proof of service by the Sheriff. You request service, the Sheriff carries it out, and the Sheriff certifies it. You then file the certificate to support your next step.

When Would You Use a Form 8 – Certificate of Service by Sheriff?

You use this form when the Sheriff performs the service. Sometimes you choose that route. Sometimes the rules or a court order require it. If you are facing a tight deadline, a difficult recipient, or anticipated disputes about service, Sheriff service is often the safest path.

Consider a few common situations. You are a judgment creditor, and you need to serve post-judgment enforcement papers on a debtor who has ignored you. You instruct the Sheriff to serve at the debtor’s home or workplace. The Sheriff completes service and issues this certificate, which you file before requesting further enforcement.

In a family case, you may need to serve urgent motion materials where personal service is mandatory. If safety is a concern, or the respondent is evasive, you can request the Sheriff to serve. The certificate gives the court confidence that service is valid and timely.

For corporate defendants, you may need to prove service at the registered office or on a company officer. Service disputes can derail default proceedings. Using the Sheriff and filing this certificate helps you avoid challenges about who accepted the documents and when.

Estate and civil litigation can also benefit. If you must serve someone in a remote area, or a party prone to denying receipt, an official certificate strengthens your position. If you have a court order for substituted service, the certificate shows the Sheriff followed the order’s exact terms, such as posting on a door or delivering to a specified person.

You may also see this form when the Sheriff serves notices or documents linked to writs of seizure and sale. When the Sheriff must give formal notice to an interested party before a sale or seizure, the certificate proves those notices went to the right place.

Above all, you use Form 8 when you need proof that will stand up in court without debate. If you expect the recipient to challenge service, Sheriff service and this certificate reduce that risk. If you need to move fast and cannot risk a defective service, this form is the reliable record you file.

Legal Characteristics of the Form 8 – Certificate of Service by Sheriff

Form 8 is an official court form completed and signed by the Sheriff or a Deputy Sheriff. It is legally significant because a Sheriff is an officer of the court. Courts give this certificate high evidentiary weight. It functions as proof of service without requiring the serving officer to swear an affidavit. In many proceedings, it is accepted on its face unless the other side brings strong evidence to the contrary.

The form is enforceable because it aligns with Ontario service rules and the Sheriff’s statutory role in civil enforcement. It records the essential service facts: what was served, on whom, when, where, and by what method. It typically includes the Sheriff’s seal or office stamp. The detail it contains allows a court to confirm compliance with the required mode of service, such as personal service, special service, or service as directed by a court order.

Accuracy is critical. If the certificate shows the wrong person, address, or date, a judge may reject it. That can delay your matter, jeopardize default steps, or lead to costs against you. If the Sheriff could not serve, the certificate (or a related note) may report non-service and attempted service details. In that case, you may need a different method, further attempts, or a motion for substituted service.

Service rules differ across court streams, but the core requirement is the same: proper notice delivered in the required way. The certificate shows that happened. If a statute or order demands service by a Sheriff, this form is the prescribed evidence. If you choose Sheriff service for strategic reasons, the certificate still carries weight because it comes from a neutral public official.

Privacy and data accuracy matter as well. The form will include personal identifiers. Make sure names match your pleadings. Use full legal names for individuals and corporations. Courts expect consistency. The Sheriff may include how identity was confirmed, especially for corporate service. If you attach schedules, do not include sensitive data that is not needed for proof.

Once issued, you file the certificate in the court file. It becomes part of the record and supports your next procedural step. If your next step is time-sensitive, ensure the certificate reflects service timing accurately. The date on the certificate can trigger response deadlines for the other party. That timing can be crucial for default motions, motions without notice, and post-judgment enforcement.

If the opposing party challenges service, the certificate is your starting point. A challenge will need to overcome the presumption that a Sheriff’s record is accurate. That is why courts rely on it. It brings the neutrality and authority of the enforcement office to your proof of service.

How to Fill Out a Form 8 – Certificate of Service by Sheriff

You will usually prepare the top portion and supply the necessary details. The Sheriff completes the service section and certifies it. Follow these steps to ensure the form is accepted and supports your next move.

1) Confirm the court and file information

Identify the correct court: Superior Court of Justice, Family Court, or Small Claims Court, as applicable. – Confirm the court file number. Match your existing file exactly. – Note the court location (county or district) and courthouse address tied to your file.

2) Gather what the Sheriff needs

The original or issued copy of the document to be served. Include the court stamp if required. – Extra copies for each person to be served. – A clear address for service, with unit number and postal code. – The full legal name and role of the recipient (e.g., Defendant, Respondent, Judgment Debtor). – Any special instructions, risk notes, accessibility needs, or time constraints. – A copy of any court order for substituted service or for service by the Sheriff. – Payment information for Sheriff fees and mileage.

3) Complete the style of cause

Enter parties exactly as they appear on your pleadings. Use full legal names. – List Plaintiff/Applicant and Defendant/Respondent correctly. – If there are multiple parties, ensure the order matches your court documents.

4) Describe the document to be served

Insert the exact title (for example, Statement of Claim, Notice of Motion, Judgment, or Notice of Sale). – Include the date the document was issued and by which court office. – Note the number of pages or any attachments that must be served with it.

5) Identify the person to be served

Write the recipient’s full legal name. For a corporation, use the full corporate name. – Include the recipient’s role in the proceeding. – Provide all known addresses. Prioritize the most reliable location. – For corporate service, include the registered office address if you have it.

6) Provide service instructions and deadlines

State the deadline by which service must be completed, if any. – Flag any required method (for example, personal service required by rule or order). – Include any court order authorizing substituted service and specify the steps required. – If safety is a concern, inform the Sheriff. Clear safety instructions help avoid delays.

7) Leave the certification section for the Sheriff

The Sheriff or Deputy Sheriff will complete service details: – Date and time of service. – Exact address of service. – Method of service (personal, as directed by order, etc.). – Name and capacity of the person who accepted service for a corporation. – How identity was confirmed, when relevant. – The Sheriff will sign, date, and apply the office seal or stamp to certify service.

8) Include schedules and supporting details if requested

Attach a copy of the document served for reference. – Attach the order for substituted service if service followed that order. – If mail or courier formed part of the ordered method, include tracking or receipt. – If multiple attempts were made, ask the Sheriff to include an attempts log if available.

9) Review for consistency before submission

Check that names, file number, and party designations match your pleadings. – Confirm addresses and dates are accurate and complete. – Ensure the described document matches what was actually served. – Verify that any timelines in your case plan still work with the service date.

10) Decide who files the certificate

Ask the Sheriff’s office whether they will file the certificate with the court or return it to you to file. – If you must file it, submit the certificate promptly. Do not wait if the next step depends on it. – Keep a copy for your records. You may need it for motions or enforcement.

11) Dealing with non-service

If the Sheriff could not serve, request written confirmation of attempts. – Review the addresses you provided. Consider alternative locations or times. – If the recipient is evasive, consider a motion for substituted service. – If you have an order directing further steps, provide it to the Sheriff.

12) Serving multiple recipients

Prepare a separate line or section for each person to be served, as the form allows. – Ensure the Sheriff certifies service for each person individually. – Track fees and mileage for each service to avoid confusion.

13) Corporate and institutional service notes

For corporations, confirm who can accept service. That may include a director, officer, or authorized agent. – For institutions (hospitals, correctional facilities), provide entry protocols or contact details for access. – Ask the Sheriff what identification they will need to confirm acceptance by the right person.

14) Timing and next steps

Many next steps depend on counting days from the service date. Use the certificate date to calculate. – If you plan a default motion, wait for the response period to expire, then file the certificate with your motion record. – For enforcement, file the certificate with any required enforcement materials to prove notice.

15) Fees and payment

The Sheriff will advise on fees, mileage, and any rush charges. – Pay promptly to avoid delays. Some offices require prepayment. – Keep receipts. You may claim reasonable service costs from the other side in some cases.

16) Quality control tips

Use legible printing or complete the form electronically if possible. – Use the same party names everywhere. Consistency avoids rejection. – Keep sentences short and factual in any notes you add. – Do not add arguments or legal positions. The form records service facts only.

17) Common pitfalls to avoid

Do not mislabel the court or file number. That misroutes filings. – Do not guess at the recipient’s name or role. Confirm before submission. – Do not assume the Sheriff files the certificate. Confirm the practice in that office. – Do not delay filing the certificate if your next step depends on it.

18) After filing, monitor progress

Check the court file to confirm the certificate appears on the record. – If the other side challenges service, be ready with your filed certificate and any schedules. – If timelines are tight, alert the court or opposing counsel, as required by the rules.

Practical example:

You are enforcing a judgment. You need to serve a notice related to a writ. You prepare the form header with your file details and the name of the judgment debtor. You attach the notice and list the debtor’s home and work address. You flag a deadline. The Sheriff serves at the home address and signs the certificate. You file the certificate with your enforcement materials. The court accepts the proof without calling the Sheriff to testify.

Another example:

You have a substituted service order that directs the Sheriff to post the motion record on the respondent’s door and mail a copy the same day. You include the order and the motion materials. The Sheriff follows the order, notes the posting and mailing date, and certifies service. The certificate and attached mailing receipt support your motion when you ask for the relief.

If you keep the form factual, complete, and consistent with the rules or order, the court will rely on it. That is the value of the Certificate of Service by Sheriff. It lets you move ahead with confidence that your proof of service meets Ontario standards.

Legal Terms You Might Encounter

Service means delivering court documents to a party in a way the court accepts. This form records that the sheriff completed service and how it happened. It shows who received the documents and when.

Sheriff refers to the enforcement officer of the court. In this context, the sheriff or a delegate completes the certificate to confirm service. The sheriff’s authority gives the certificate weight as proof.

Certificate of Service is the written confirmation that service occurred. This form is the certificate. It states the date, time, place, and method of service.

Personal service means handing documents directly to the person named. If the sheriff uses personal service, the certificate will say so. It will also name the person who accepted the documents.

Substituted service is an alternative court-approved method when personal service fails. It may involve leaving documents with someone else or another method ordered by the court. If used, the certificate must describe it clearly.

Originating document is the first document that starts a case. Examples include an application or a claim. The certificate will list what the sheriff served, including any originating documents.

Party means any person or organization involved in the case. The certificate identifies the party served and their role. It might say plaintiff, defendant, applicant, or respondent.

Proof of service is the evidence you present to the court to show service. This form serves as that proof when the sheriff serves documents. You file it with the court to move your case forward.

Court file number is the unique number assigned to your case. You must include this number on the certificate. It links the certificate to the correct file.

Issuing court office is the courthouse where the case is filed. The certificate should identify this office. That ensures the document gets filed in the correct place.

Method of service describes how service happened. It could be personal service, registered mail, or another approved method. The certificate must clearly state the method used.

Endorsement or return refers to the sheriff’s formal report back to the court. This certificate is the sheriff’s return of service. It closes the loop on the service step for your documents.

FAQs

Do you need this form if the sheriff serves your documents?

Yes. You need a written record confirming service. The sheriff completes and signs this certificate. You then file it with the court. The court relies on it to confirm proper service.

Do you file the original certificate or a copy?

You usually file the original signed certificate with the court. Keep a copy for your records. Ask the counter staff if you need extra copies stamped. Bring copies when you attend the court office.

Do you need a separate certificate for each person served?

Yes. Prepare one certificate per person or entity served. Each certificate should only describe one service event. This avoids confusion and keeps the record clean. It also helps the court track service on each party.

Do you still need an affidavit of service?

Not when the sheriff serves and completes this certificate. The certificate replaces an affidavit of service in that situation. If you serve documents yourself or use a process server, you use an affidavit instead. With sheriff service, this certificate is the proof.

Do you attach the served documents to the certificate?

No. The certificate lists the documents served by title and date. You do not attach the documents to the certificate. Keep the served documents in your file. The court already has copies through your filings.

Do you have to list every document title in full?

Yes. List each document served with its full title and date. Avoid vague references like “court papers.” Clear titles reduce disputes about what was served. The certificate should mirror your filing titles.

Do you pay a fee for sheriff service?

Yes. Sheriff service involves a fee. Ask the court office how to pay and what it costs. Keep your receipt with your file. The certificate may note fees paid in some cases.

Do you need to serve again if the certificate shows errors?

You may not need to re-serve if the error is minor, like a typo. If the error affects the who, what, or how of service, fix it. Ask the sheriff’s office to correct the certificate if needed. If service failed, arrange another attempt.

Checklist: Before, During, and After

Before signing: Information and documents you need

• Court file number and court location.
• Full legal names of all parties.
• The exact titles of the documents to be served.
• The address for service and any known schedules.
• Any court order directing a special method of service.
• Your timeline or deadline for service.
• Payment method for sheriff fees.
• Copies of the documents to be served, stamped if required.
• Your contact information for updates and the certificate return.
• A plan for filing the certificate once completed.

During signing: Sections to verify on the certificate

• Names: Confirm the party served matches your case file.
• Court file number: Check digits carefully; transposed numbers cause delays.
• Court location: Verify the correct courthouse on the form.
• Document list: Ensure every document title and date are accurate.
• Method of service: Confirm personal, substituted, or other approved method.
• Date and time: Check the date and local time of service.
• Place of service: Confirm the full address, including unit number.
• Server identity: Confirm the sheriff or delegate’s name and title appear.
• Signature: Ensure the sheriff or authorized person signs and dates the form.
• Completeness: Confirm no blanks remain that could cause questions.

After signing: Filing, notifying, and storing

• File the original certificate with the same court office as your case.
• Bring a spare copy to be date-stamped for your records.
• If required, serve a copy of the certificate on the other parties.
• Update your service log with the date filed and who filed it.
• Attach the file-stamped copy to your case binder or digital folder.
• Calendar any next steps that depend on completed service.
• If service failed, schedule a new attempt or seek directions.
• Keep proof of payment and the certificate together in your file.
• Note the name of the court staff who accepted the filing.
• Store documents securely and back up digital copies.

Common Mistakes to Avoid

Don’t forget to list every document served by title. Consequence: The court may find service incomplete. You might need to re-serve missing documents. This costs time and money.

Don’t mix multiple people on one certificate. Consequence: The court may reject your proof of service. You will have to file separate certificates, causing delays.

Don’t accept a certificate with a missing signature or date. Consequence: An unsigned or undated certificate is not valid proof. Your timelines could stall until you fix it.

Don’t ignore service method requirements. Consequence: If the rules or an order require personal service, other methods may not count. You could face adjournments or adverse costs.

Don’t use the wrong court file number or location. Consequence: Filing could land in the wrong file. You risk missed deadlines and confusion that takes time to correct.

 What to Do After Filling Out the Form

File the certificate with the court where your case is active. Bring the original signed certificate. Ask the clerk to stamp your copy for your records. Confirm the filing appears in the court’s system under your file number.

Update your case plan based on completed service. Many deadlines run from the date of service. Mark those dates on your calendar now. If the next step requires proof of service, attach the stamped copy.

If the certificate shows substituted service, keep any supporting order handy. You may need to show it later. Store that order with the certificate and your served documents list.

If you spot an error after filing, act quickly. Contact the sheriff’s office to discuss a correction. If a new certificate is issued, file the corrected version and keep a copy. Note the correction in your service log.

If service failed, plan your next attempt. Ask why service failed and whether a new address is needed. Consider requesting directions from the court if service remains difficult. Update your timeline to reflect the new plan.

Send a copy of the filed certificate to your records team, if you have one. This keeps your internal file complete. If you work with counsel or an agent, share the stamped copy. Make sure everyone working on the case knows service is complete.

Keep a clean record of costs. Note sheriff fees and any related expenses. You may need these for a costs request later. Keep receipts with the certificate and file them under your case number.

Finally, confirm that all parties have been served. If more than one party needs service, repeat this process for each. Use one certificate per person served. Do not move forward until service for each party is on file.