Form 8B- Lawyer or Paralegal’s Certificate of Service

Jurisdiction: Country: Canada | Province/State: Ontario

What is a Form 8B- Lawyer or Paralegal’s Certificate of Service?

Form 8B is the proof-of-service form used in the Ontario Small Claims Court when a licensed lawyer or paralegal serves documents. It confirms what you served, how you served it, and when service happened. The court uses this form to decide if proper service took place so your case can move forward.

This form is different from an affidavit of service. An affidavit of service is sworn or affirmed before a commissioner. Form 8B is a certificate that a lawyer or paralegal signs without a commissioner. The certificate carries weight because a licensee of the Law Society signs it. The court accepts that certification as evidence of service in most steps of a Small Claims Court case.

Who typically uses this form?

Lawyers and licensed paralegals who act for a party in a Small Claims Court matter. That includes counsel for plaintiffs, defendants, third parties, and judgment creditors. You use Form 8B when you or your office has served documents and you are certifying the details. If you are self-represented and not a licensee, you do not use this form. You would file an affidavit of service instead.

You need this form because the court requires proof of service. Many steps cannot proceed without it. For example, you cannot note a defendant in default without proof of service of the Plaintiff’s Claim. You cannot bring a motion without proof that you served the motion materials. After judgment, you cannot enforce payment without proof that you served enforcement documents. Form 8B provides that proof in a format the court recognizes.

Typical usage scenarios

You start a claim for unpaid invoices. Your office serves the Plaintiff’s Claim by mail and email where allowed. You complete a Form 8B describing the method, the recipient, and the date. You file it with the court so the clerk can review service. Or you defend a claim. You serve a motion to strike by email with consent. You certify service on Form 8B and file it with the motion record. Or you win judgment and want to garnish wages. You serve the Notice of Garnishment on the debtor and garnishee. You certify service using Form 8B to support issuance or enforcement.

Form 8B is a simple document, but accuracy matters. The court relies on it to decide deadlines and whether a step is valid. When you complete it, include enough detail to show your method of service met the rules for the recipient you served.

When Would You Use a Form 8B- Lawyer or Paralegal’s Certificate of Service?

You use Form 8B any time you, as a lawyer or paralegal, serve a Small Claims Court document and need to prove service. Use it when you serve originating documents, motion materials, trial materials, and post-judgment enforcement documents. The need for the form arises both before and after judgment.

At the start of a case, you use Form 8B after serving the Plaintiff’s Claim or a Defendant’s Claim. The court clerk cannot note a party in default without proof that the originating document was served correctly. If several defendants were served in different ways, you can complete separate certificates. Or you can use one certificate with a detailed schedule that covers each person and method.

During the case, you use Form 8B for motion materials. For example, you schedule a motion to extend time or set aside a noting in default. You serve the Notice of Motion and supporting affidavit. You then file a Form 8B that identifies the documents, the recipients, the method, and the date and time of service. If you serve by email, include the address used and the basis for using email, such as consent or a prior filing that lists the address for service.

Before trial, you may need to serve a witness summons, a list of proposed witnesses, or a trial scheduling notice. When you serve a summons on a witness, detail how you served the person. If you served at a place of residence and left it with an adult who lives there, say so. If you provided the attendance money, say so. Your certificate should show compliance with the required method for that type of document.

After judgment, you often serve enforcement documents. These include a Notice of Garnishment, a Notice of Examination, or a motion to enforce payment terms from a settlement. You also serve any supporting financial disclosure requests. You file a Form 8B to confirm proper service on the debtor and any third parties, such as an employer or bank.

Typical users include small business owners represented by counsel, contractors recovering unpaid accounts, suppliers, consumers, insurers, municipalities, and trades. Landlords and tenants sometimes use Small Claims Court for post-tenancy monetary claims. Counsel for any of these parties would use Form 8B to prove service of the documents they handle. Paralegals often conduct Small Claims matters and use this certificate for all service they or their staff complete. If service was done by a professional process server, you can either file the process server’s affidavit of service or, if you have direct knowledge from your file and records, certify service yourself on Form 8B. Choose the option that best reflects how you can reliably prove the facts.

Use Form 8B when time matters. Hearing dates can be lost and motions dismissed if the court does not see proof of service on time. Filing the certificate promptly reduces adjournments and avoids extra costs.

Legal Characteristics of the Form 8B- Lawyer or Paralegal’s Certificate of Service

Form 8B is an official court form that operates as evidence of service. It is not a contract. It does not by itself create obligations. Its legal effect comes from the court’s procedural rules that set out how service is proved. Those rules allow the court to accept a lawyer’s or paralegal’s certificate as proof. The court relies on the signatory’s status as a licensee and officer of the court.

The certificate is legally significant because it supports the court’s jurisdiction over the parties for the step you are taking. Many steps are only valid if the responding party had proper notice. The certificate helps the court decide that notice was given in the form and timeframe required. If the certificate is accurate and the method of service meets the rules for the person or entity served, the court will treat service as effective.

What ensures enforceability is completeness and truthfulness. The certificate must identify the documents served, the date and time, the recipient, and the method. It must show that the method is one the rules allow for that type of recipient. Serving an individual in Ontario may differ from serving a corporation, partnership, or person outside Ontario. Email service may require consent or an address for service provided by the other party. Personal service means handing the document to the person being served, not leaving it nearby. Substituted service requires a court order. The certificate should match these requirements. If you used a method that relies on delivery proof, such as courier or registered mail, include the tracking number and delivery date. That level of detail reduces disputes.

False or careless certificates can have serious consequences. The court may set aside any step taken based on defective service. It can dismiss a motion or adjourn a hearing and award costs against your client. It can refuse to issue a default judgment or set aside a default already noted. For serious misconduct, the court may impose sanctions. As a licensee, you may face professional discipline. Your credibility with the court is at stake every time you file a certificate.

The court can go behind a certificate if service is challenged. A judge can require a supplementary affidavit, oral evidence, or cross-examination. The certificate does not prevent a court from making a different finding if new facts emerge. Treat the certificate as you would sworn evidence. Record the facts carefully and keep supporting documents on file in case the issue arises later.

Finally, remember that proof of service affects limitation timelines and response periods. Many response deadlines run from the date of service or from a deemed service date for mail. Your certificate helps the court calculate those timelines. If the details are wrong, the timeline calculation may be wrong. That increases the risk of orders being set aside.

How to Fill Out a Form 8B- Lawyer or Paralegal’s Certificate of Service

Use these steps to complete Form 8B accurately and avoid delays.

1) Confirm you can use Form 8B

• Make sure you are a lawyer or licensed paralegal acting in the case.
• If you are not a licensee, use an affidavit of service instead.
• If a process server handled service, decide whether to file their affidavit or certify service yourself. Only certify if your records give you reliable, first-hand knowledge of the details.

2) Gather the facts before you start

• Identify each document served. Use the exact titles (for example, “Plaintiff’s Claim (Form 7A)” or “Notice of Motion”).
• Identify each person or entity served and their role (plaintiff, defendant, third party, garnishee, or witness).
• Confirm the method used for each person (personal service, mail, courier, email, fax, or substituted service).
• Note the date and exact time of service for each delivery.
• Record the address, email, or fax number used.
• Collect any delivery receipts, tracking numbers, or email delivery confirmations.

3) Complete the court and case information

• Enter the court location. Use the same courthouse shown on the court’s stamp or your issued claim.
• Enter the court file number exactly as it appears on the court documents.
• Enter the full style of cause. List all parties as shown on the claim or amended claim.

4) Identify the documents served

• List each document by full name. If you served multiple documents at once, name them all.
• Be specific. “Motion record” is not enough. Add “Notice of Motion,” “Affidavit of [Name],” and “Exhibits,” if applicable.
• If you served a summons to witness, state that you provided attendance money and specify the amount.

5) Identify the person or entity served

• For an individual, write the person’s full name and their role in the case.
• For a corporation, include the full legal name and any operating name. Name the individual you handed the documents to and their position (for example, “Jane Lee, receptionist,” or “Mark Chen, director”).
• For a partnership, state the partnership name and who accepted service.
• For a garnishee, identify the employer or bank by full name and location.

6) Describe the method of service precisely

• Personal service: State that you handed the documents to the person. Include the address and time.
• Service at a residence: State that you left the documents with an adult who lives there. Name the person if possible, or describe them.
• Mail or courier: Provide the service used, the address, the date sent, and the tracking number. Add the date delivered if known.
• Email: Provide the email address and the reason email service is allowed (for example, consent given, address provided on a court document, or the other side’s attorney confirmed acceptance by email).
• Fax: Provide the fax number and transmission confirmation details.
• Substituted service: Refer to the court order that authorizes the method used and describe what you did to comply.
• Service on a corporation: State whether you served a director, officer, clerk, or the registered office. Provide the location and person’s name if known.
• Service outside Ontario: Note the jurisdiction, method, and any extra steps taken to comply with service rules.

7) Record the date and time of service

• Insert the exact date and local time. Use a clear format (for example, “January 15, 2025, 2:45 p.m.”).
• For mail or courier, enter the date sent. If the rule deems service later, you may add the delivery date or deemed date in a note.
• For email or fax, include the send time and, if available, the time the recipient’s system accepted the message.

8) Add supporting details that make service clear

• Include apartment or unit numbers for residential addresses.
• If a building had security, explain how you confirmed the recipient’s identity.
• If a receptionist or colleague accepted documents, name them and state their position.
• If you served multiple recipients, consider using an attached schedule that lists each one with matching details.

9) Review for compliance with the permitted methods

• Ask yourself whether the method used is permitted for this recipient and document.
• If in doubt about email, confirm consent in writing. Include a short note in the certificate (for example, “served by email to counsel’s address for service on file”).
• If a court order authorized substituted service, attach a copy when you file the certificate with the court (if helpful). Reference the order number and date in your certificate.

10) Sign and date the certificate

• Print your name, firm, business address, phone number, and email.
• Include your Law Society license type (lawyer or paralegal) and license number, if the form asks for it.
• Sign and date the certificate. No commissioner or notary is required.
• By signing, you certify the accuracy of the facts. Do not sign until you have verified the details.

11) File the certificate and keep your records

• File the certificate with the court as required for the step you are taking. Some steps require you to file it before a hearing or filing deadline.
• If you are filing documents through an electronic portal, upload the certificate as a separate PDF. Use a clear file name.
• Keep a copy of the certificate and all delivery proof in your file. Retain tracking pages, email headers, and courier receipts.

12) Practical examples to guide your entries

• Serving a Plaintiff’s Claim on a corporation: “On March 3, 2025, at 10:12 a.m., I personally served ABC Manufacturing Inc. by leaving the Plaintiff’s Claim with John Rivera, office manager, at 123 Bay Street, Suite 400, Toronto. Mr. Rivera confirmed he is authorized to accept service.”
• Serving a motion by email on opposing counsel: “On April 8, 2025, at 3:05 p.m., I served the Notice of Motion and supporting affidavit by email to counsel for the defendant at counsel@firm.ca, the address listed on their Notice of Appearance, who has consented to email service.”
• Serving a garnishee by courier: “On May 2, 2025, I sent the Notice of Garnishment to National Bank, 200 King Street West, Toronto, by Purolator courier, tracking 123456789. The shipment was delivered May 3, 2025, at 11:22 a.m., signed by A. Patel.”

13) Quality checks that prevent rejection or delay

• Names match the style of cause exactly.
• File number and court location are correct.
• Each document served is named precisely.
• Methods match what the rules allow for the recipient and document type.
• Date and time are included and legible.
• Signature and contact information are complete.

14) Common pitfalls to avoid

• Certifying service you did not confirm. If staff or a process server handled it, review their notes and receipts before you sign.
• Leaving out the person’s role or capacity. The court needs to know if the recipient was the defendant, a director, or a garnishee.
• Omitting apartment or unit numbers. That creates doubt about delivery.
• Using email without proof of consent or a clear address for service. If consent is verbal, confirm it in writing before you serve.
• Forgetting to file the certificate. Service is not “proved” until your certificate is on the record.

15) Using schedules for multiple recipients or documents

• If you serve several parties at different addresses, attach a schedule to the certificate.
• Include columns for name, role, document, method, address or email, date, and time.
• Reference the schedule in the main body of the certificate (for example, “See Schedule A for details of service on multiple defendants.”).
• Initial the schedule and attach it to each copy you file or serve, so there is no confusion.

The goal of Form 8B is simple: give the court a clear, credible account of service by a licensee. When you complete it with specific facts and timely filing, you reduce the chance of adjournments, protect your client’s steps, and keep your case moving.

Legal Terms You Might Encounter

Service: Service means delivering legal documents to the other side in a way the rules accept. Your certificate confirms how you served each document. You state the date, time, method, and who received them.

Personal service: Personal service means you or another person handed the documents directly to the recipient. Use this term only if you actually handed the package to the named person. If you served a receptionist or family member, that is not personal service unless the rules allow it.

Substituted service: Substituted service is a court or tribunal-approved alternative to standard service. It might allow posting, email, or another method. Only use this term if an order or rule authorizes it. If you rely on it, reference the order or permission in your certificate.

Ordinary service: Ordinary service means a standard method like mail, courier, or drop-off at an address for service. It is less strict than personal service. When you use it, record the method and timing so the court can calculate deadlines.

Address for service: This is the official address where a party agrees to receive documents. It could be an office, home, or email if consented. On your certificate, you identify the exact address used, including email where consent exists.

Authorized recipient: An authorized recipient is someone allowed to accept documents for a party. This can be the party’s lawyer, licensed paralegal, or another authorized agent. If you served an agent, state their name, role, and how they are authorized.

Proof of service: Proof of service is your evidence that documents were served correctly. This form is a sworn or certified record of that proof. Complete it precisely so it stands up if challenged later.

Certificate vs. affidavit: A certificate is a signed statement by a lawyer or paralegal confirming service details. An affidavit is a sworn statement by any person with personal knowledge, usually commissioned. This form is a certificate. Use an affidavit if the rules or the court ask for sworn evidence from a non-licensee.

Manner of service: Manner of service is the specific method used, such as hand delivery, email, or courier. The form asks you to identify the manner used for each recipient. Choose the exact label the rules use to avoid confusion.

Document package: Your document package includes everything you served at that time. That could be a claim, notice, motion, exhibits, and a backsheet or cover. List each item so your record matches what the recipient received.

Deadlines: Deadlines are the time limits for steps after service. They often start the day after service. When you complete the certificate, include the service date so the timeline is clear.

Return of service: A return of service is the complete record of what was served, when, and how. Your completed form is the return. Keep it with your file in case service is disputed.

FAQs

Do you have to serve documents yourself to complete this form?

You need personal knowledge of how service happened. You can certify service you personally completed. You can also certify service completed by your staff or a process server if you supervised the process and reviewed the proof, such as delivery confirmations or notes. Do not certify service if you lack reliable, first-hand information.

Do you need a commissioner to sign this form?

You do not need a commissioner for a lawyer or paralegal’s certificate. You sign in your capacity as a licensee. If a non-licensee served the documents and you cannot certify, use an affidavit of service sworn before a commissioner instead.

Can you certify service by email?

You can certify email service if the rules or the parties permit email. Confirm consent or a rule that allows email before using it. Attach or keep the sent email, delivery receipts, and any read confirmations. On the form, record the email address used and the exact send time.

What if the recipient refuses to accept the documents?

A refusal does not always defeat service. For personal service, placing the documents in the person’s presence and advising what they are can be enough. Record the details of the refusal in your notes. In your certificate, state what you did and how the person responded. If rules require a different method, use that method and update the certificate.

Can support staff or a process server do the service?

Yes. Staff or a process server can serve documents. You can still sign the certificate if you reviewed their notes and delivery records and you are satisfied service complied with the rules. If you cannot be satisfied, use an affidavit from the person who served instead.

Do you file the certificate with the court or just keep it?

File it when the procedure requires proof of service, such as with a motion record or when starting a case. If no immediate filing is required, keep the signed original in your file. You may need to file it later if service is questioned or for a default step.

How do you list multiple recipients on the form?

List each recipient by name and role, such as defendant or respondent. For each, state the exact method, address, and time of service. If the form does not have enough space, attach a page with the same headings and sign or initial it. Cross-reference the attachment on the form.

Can you correct the certificate after you sign it?

If you discover a mistake, do not alter the signed original. Prepare a new certificate with the correct information. Label it as a corrected certificate and explain briefly what changed, if the rules permit. File and serve the corrected version as needed.

What if service failed and the documents came back undelivered?

Do not file a certificate for unsuccessful service. Try an alternate method allowed by the rules, confirm the address for service, or consider seeking permission for substituted service. Keep all return-to-sender materials and delivery tracking as proof of your attempts.

Can you certify service on a corporation or partnership?

Yes, if you served someone permitted to receive documents for that entity or used an accepted method. Record the recipient’s name and title, such as director or manager, and the business address. If you used registered office details or an agent, state that clearly.

Are electronic signatures allowed on this form?

Check if electronic signatures are accepted by the court or tribunal handling your matter. If electronic signatures are allowed, sign with your usual digital method and keep an electronic copy. If wet ink is required, print, sign, and scan as needed.

How do deadlines relate to your certificate of service?

Deadlines for responses or next steps usually start from the service date. Your certificate fixes that date in the record. Enter the date and time accurately. Keep the sending or delivery records in case the timeline is challenged.

Checklist: Before, During, and After

Before signing

• Confirm your role. Ensure you are a licensed lawyer or paralegal authorized to certify service.
• Identify the governing rules. Verify acceptable service methods for each document and party.
• Verify the addresses. Confirm the address for service, including email consent if using email.
• Gather documents. List every document in the package you will serve.
• Check names and titles. Ensure correct legal names of parties and authorized recipients.
• Confirm deadlines. Know any minimum notice period and counting rules.
• Prepare evidence. Collect delivery receipts, tracking numbers, notes, and email headers.
• Assess method fit. Match each recipient with a permitted service method.
• Plan contingencies. Have a backup method ready if the first attempt fails.
• Prepare attachments. Set up extra pages if you expect multiple recipients.
• Brief your server. If staff or a process server will serve, give written instructions.
• Calendar follow-up. Add reminders to verify delivery and file your certificate.

During signing

• Match names precisely. Enter the exact names of recipients and their roles.
• Specify method. Use clear labels: personal service, courier, mail, email, or drop-off.
• Record dates and times. Use local time and include AM/PM clarity.
• Enter addresses fully. Include unit numbers, postal codes, and email addresses.
• List all documents. Name each item served, not just “documents.”
• Describe the recipient. For entities, include the recipient’s name and position.
• Note consent. If using email or alternative methods, state how consent exists.
• Add tracking. Include tracking numbers, signatures, or delivery IDs where relevant.
• Use extra pages. Attach a continuation page for additional recipients or details.
• Review for consistency. Ensure details match your delivery proofs and notes.
• Sign clearly. Use your usual signature and print your name beneath it.
• Date the signature. Insert the correct signing date and your firm contact details.

After signing

• File where required. Submit the certificate with the court or tribunal as needed.
• Serve the certificate if required. Some steps need you to share the proof; confirm and serve.
• Keep originals. Store the signed original and delivery proofs together.
• Update your case record. Log the service date for deadline tracking.
• Monitor delivery. For mailed or courier service, confirm final delivery status.
• Address failures. If service failed, attempt another permitted method promptly.
• Issue a corrected certificate if needed. Replace, do not alter, the original.
• Protect privacy. Store documents securely and restrict access to the file.
• Prepare for challenges. Keep notes ready in case someone disputes service.
• Close the loop. Confirm the next step triggered by service, like a response deadline.

Common Mistakes to Avoid

Serving by an unaccepted method

If the rules do not allow the method you used, service can be invalid. The court may refuse your filing, delay your case, or set aside steps you took. Don’t forget to confirm that your method is allowed for each document and party.

Missing or wrong service details

Omitting the time, method, or address undermines your proof. The court may doubt your timeline or reject your certificate. Double-check every field before you sign.

Certifying without personal knowledge

If you sign without reliable facts, your certificate can be challenged. You may face credibility issues or costs. Review delivery records and staff notes before certifying.

Serving the wrong person or address

Service on someone without authority may not count. Deadlines may never start, causing delay or wasted steps. Confirm the address for service and the recipient’s authority in advance.

Altering the certificate after signing

Changing a signed certificate can create serious evidence problems. Courts may treat it as unreliable. If you need to fix an error, issue a new, corrected certificate and keep an audit trail.

Assuming email is always fine

Email often needs consent or a rule allowing it. Without that, service may be invalid. Get written consent or use a permitted alternative before you rely on email.

What to Do After Filling Out the Form

File the certificate when required

Many steps need proof of service before the court or tribunal will act. File your certificate with the related documents, such as a motion record, application, or request for default. Follow any format rules for electronic or paper filing.

Notify the other parties if needed

Some processes require you to share your proof of service with others. If so, send a copy of the signed certificate to all parties who were served. Use the same distribution method you use for other filings unless the rules say otherwise.

Track deadlines triggered by service

Your certificate anchors response timelines. Calculate the next key date based on the service method. Add reminders for follow-up, such as confirming receipt of a response or scheduling a next step.

Handle delivery issues fast

If a package returns undelivered or an email bounces, act immediately. Confirm the address for service. Attempt another permitted method. Consider seeking approval for an alternative method if standard methods fail.

Issue corrections properly

If you discover an error, do not edit the signed original. Prepare a corrected certificate with accurate details. File and serve it if the earlier version was used. Keep both versions and a short note explaining the change.

Maintain a complete service record

Keep your signed certificate, delivery proofs, server notes, and any consent to email together. Store them securely. You may need them months later if service is challenged or for costs arguments.

Coordinate with your next filing

Plan your next procedural step that depends on completed service. This could be seeking a default judgment, setting a motion date, or exchanging evidence. Ensure the timelines in your plan align with the service date you certified.

Brief your client

Explain what you served, when, and what happens next. Confirm the next expected response date. Set expectations for possible challenges or delays tied to service.

Prepare for dispute

If someone alleges improper service, have your facts ready. Use your notes, tracking, and the certificate to show compliance. Be ready to re-serve if the court directs a different method.

Close the loop when the response arrives

When a party responds, check that the response timeline matches your service date. If late, consider your available options. If on time, proceed with the next scheduled step.