Form 16B – Affidavit of Service (Prince Edward Island)

Jurisdiction: Country: Canada | Province: Prince Edward Island

What is a Form 16B – Affidavit of Service (Prince Edward Island)?

Form 16B is a sworn statement that proves service of court documents. It is used in Prince Edward Island courts. The person who served the documents completes it. They swear or affirm the facts of service before a commissioner or notary. The court relies on it to confirm that the other side received the documents.

You use this form after you deliver documents to another party. You may serve an individual, a company, a lawyer, or a government office. The affidavit records who was served, which documents were served, when, where, and how. It also explains how you confirmed their identity. If a courier or mail service delivered the documents, the affidavit attaches delivery proof.

Who typically uses this form?

You may use it if you are self‑represented. A legal assistant may use it for a law firm. Professional process servers use it often. Landlords, tenants, business owners, and collection agents also use it when their matters are in court. Government agencies and officers sometimes need it for enforcement steps.

You need this form because the court will not act without proof of service. For example, the court may not schedule a motion without proof. It will not grant default judgment without proof. It will not enforce an order against someone who was not notified. The affidavit is the court’s record that notice was given.

Typical usage scenarios:

• Family cases.
• Civil cases
• Small claims.

In a family case, you might serve an application, motion, or financial forms.

In a civil case, you might serve a statement of claim, a notice of application, or affidavits.

In small claims, you might serve a claim, a defence, or a hearing notice.

You also use it for post‑judgment steps. Examples include a notice of examination or a garnishment. You use it when you serve appeal materials. You use it when the court ordered substituted service. In each case, the affidavit sets out the facts that show proper service.

The form protects fairness in the process. Our system expects that people know about claims against them. Form 16B confirms that you gave that notice. The form is short, but accuracy matters. The court checks dates, methods, and recipients closely. The more precise your affidavit, the smoother your step will be.

When Would You Use a Form 16B – Affidavit of Service (Prince Edward Island)?

You use it after you complete service of any court document that must be served. Think of it as the proof step. You cannot assume the court “knows.” You must provide clear evidence of service to the registry and to the judge.

Here are practical situations. You are starting a family case. You served an originating application on your spouse. You then complete Form 16B to prove personal service. You record the exact date, time, and place. You describe how you confirmed identity. You attach a copy of the application as an exhibit.

You are bringing a motion in an existing file. You served your notice of motion and supporting affidavit by leaving them with the other party’s lawyer. You use Form 16B to record the service. You include the name of the person who accepted the documents at the firm.

You run a small company and filed a civil claim. You served the defendant corporation at its registered office. The receptionist confirmed they accept service. You complete Form 16B with the corporation name and address. You record the name and position of the person who accepted service. You attach a delivery receipt if you used a courier.

You are a landlord with a Supreme Court proceeding. You served a notice of application by registered mail. You received the delivery confirmation. You complete Form 16B and attach the mail tracking printout. You state the date the tracking shows delivery.

You are a tenant appealing a decision. You served your notice of appeal by email. You had the other side’s written consent to email service. You complete Form 16B and attach their written consent and your sent email. You include the time stamp and email address used.

You seek default judgment because the defendant did not respond. The court needs solid proof of service of the claim. Your Form 16B is critical here. It may be the only evidence that the claim was delivered. If your affidavit is vague, the court may refuse default judgment.

You obtained an order for substituted service. The court approved posting a notice on the defendant’s door and sending by email. You follow the order’s steps. You then complete Form 16B that explains what you did. You attach photos of the posting and a copy of the email sent.

You need to examine a debtor in aid of execution. You served a notice of examination. Your Form 16B proves you gave the debtor proper notice. If the debtor fails to attend, your affidavit supports enforcement steps.

Typical users:

• A self‑represented spouse in a family matter uses it often.
• Lawyers’ staff complete it daily.
• Landlords and tenants use it when matters reach the court.
• Business owners use it for civil collections.
• Credit unions and banks use it for enforcement.
• Government departments use it when they bring applications.

If you serve documents in any court file, expect to complete this form.

Legal Characteristics of the Form 16B – Affidavit of Service (Prince Edward Island)

This form is a sworn or affirmed legal document. It is legally binding because you swear to its truth before a commissioner or notary. That oath or affirmation carries legal consequences. If you knowingly swear false facts, you risk penalties. The court treats the affidavit as evidence of service.

What ensures enforceability?

Three elements matter. First, personal knowledge. The person who actually served must swear the affidavit. They must describe what they did and saw. Second, proper commissioning. A commissioner for oaths or a notary must take the oath or affirmation. They must sign and complete the jurat. Third, compliance with service rules. The method used must match what the rules or a court order allow. If service required personal service, you must describe personal delivery. If service by email needed consent, you must show consent.

The affidavit gives the court confidence that notice was real. The judge checks whether the method of service was allowed. The judge checks whether the timing met the rules for notice. The judge checks whether the recipient was correctly identified. If you served a company, the judge expects details of who accepted service. If you relied on a courier, the judge expects a delivery record.

General legal considerations apply. Use clear, specific facts. Avoid conclusions. For example, do not write, “I properly served the defendant.” Instead, write, “On May 5 at 2:10 p.m., I handed the Notice of Application and Affidavit to John Smith at 123 Queen Street, Charlottetown. He stated he was John Smith.” Attach exhibits that support your statements. If you used mail or courier, attach tracking records. If you used email with consent, attach the consent and your sent email.

The person serving should be an adult with capacity. In some steps, personal service is best done by someone neutral. A professional process server can help when personal service is hard. If you cannot locate the person, you can seek an order for substituted service. Your affidavit will support that request. It should describe your efforts to locate and serve.

Timelines matter. Many documents must be served a set number of days before a hearing. The court will count back from the hearing date. Your affidavit must show that service met the deadline. If service was late, you may need consent or a court order to proceed.

Finally, court staff may reject defective affidavits. Common reasons include missing signatures, blank fields, or a missing exhibit. A defective affidavit can delay your hearing. It can also lead to cost consequences. Take the time to complete it carefully.

How to Fill Out a Form 16B – Affidavit of Service (Prince Edward Island)

Use this checklist as you complete the form. Work through each line with care. Keep your statements simple, precise, and factual.

Step 1: Identify the court and file

• Enter the court name. Use Supreme Court (General Section) or Supreme Court (Family). For small claims, enter the proper court.
• Enter the judicial centre. Use Charlottetown or Summerside, as shown on your other documents.
• Enter the correct court file number. Copy it exactly from your case documents.
• Enter the style of cause. Use the exact party names and roles. Match the order shown on your other filings.

Step 2: Identify yourself as the deponent

• Print your full legal name.
• State your city or town and county within Prince Edward Island or your location if outside the province.
• State your occupation. If unemployed, state “unemployed.” If a process server, state “process server.”
• State your relationship to the case, if any. For example, “I am the applicant,” or “I am a process server for the plaintiff’s law firm.”
• Choose oath or affirmation. Either is acceptable. You must tell the commissioner which you prefer.

Step 3: List each document served

• List the exact title of every document you served. Use the full titles and dates on the documents.
• Examples: “Notice of Application dated April 30, 2025,” or “Financial Statement sworn April 28, 2025.”
• If you served a package, list each item within the package. Be precise.

Step 4: Describe the date, time, and place of service

• Enter the date, including year. For example, “May 12, 2025.”
• Enter the time, including a.m. or p.m. Be exact. Avoid vague ranges.
• Enter the full civic address where service occurred. Include unit number, city, and postal code if known.
• If service occurred at a workplace, include the business name and address.

Step 5: Identify the person or entity served

• If an individual, state their full name. Explain how you confirmed identity. For example, “He stated he is John Smith.”
• If a corporation, state the corporation’s full legal name. State the name and position of the person who accepted service. Example: “I left the documents with Jane Doe, receptionist, who stated she is authorized to accept documents for ABC Ltd.”
• If you served a lawyer, state the lawyer’s name and firm. Example: “I left the documents with Mark Lee, counsel for the respondent, at XYZ Law.”
• If you served a partnership, state the partner’s name or the person in control at the office.

Step 6: Describe the method of service

• Personal service: State you handed the documents directly to the person. Describe any identifying details. Example: “He confirmed his identity and accepted the documents.”
• Service at residence: State the name and relationship of the adult who accepted the documents at the residence. Example: “I left the documents with Mary Smith, spouse of John Smith, at the residence.”
• Courier or registered mail: State the courier or mail service used. Include the tracking number. State the delivery date shown on the tracking. Attach the proof.
• Email or fax: State the email address or fax number used. Confirm that you had written consent or a court order allowing this method. Attach the consent and a copy of the sent message.
• Substituted service: State that a court order authorized the method. Describe exactly what you did, like posting, mailing, or emailing. Attach the court order and proof, such as photos.

Step 7: Attach exhibits (or schedules)

• Mark each exhibit with a letter: Exhibit “A,” “B,” “C,” and so on.
• Typical exhibits include a copy of each document served, courier receipts, tracking pages, emails, faxes, photos, or the order for substituted service.
• The commissioner must sign or initial the exhibit labels. The label should state the deponent’s name and the date sworn.
• If the form includes a schedule page, use it to list long descriptions. Reference the schedule in the main body.

Step 8: Add details for special recipients

• Minors or persons under disability: State that you served the litigation guardian or other required person.
• Government bodies: State the location and official who accepted service.
• Outside province: State the city, province, and method used. Attach any required proof of delivery.
• Multiple recipients: Use separate paragraphs for each person served. Use additional pages if needed.

Step 9: Review for accuracy and completeness

• Check every name, date, time, and address. They must match your notes.
• Ensure the method of service matches what the rules or an order allow.
• Confirm that all referenced exhibits are attached and labeled correctly.
• Do not leave blanks. If a field does not apply, write “N/A.”

Step 10: Swear or affirm before a commissioner or notary

• Do not sign the affidavit until you are before a commissioner for oaths or a notary public.
• Bring government photo ID. The commissioner will verify your identity.
• The commissioner will ask if you swear or affirm that the contents are true.
• Sign in the commissioner’s presence. Initial any corrections beside the change.
• The commissioner completes the jurat. They add their name, title, and commission expiry, if applicable.
• Take the signed original and make copies for filing and your records.

Step 11: File the affidavit and serve a copy if required

• File the original Form 16B with the court registry. File it together with your related step or before the hearing.
• If your step requires it, serve a copy of the affidavit on the other parties. Keep proof of that service as well.
• Keep a copy for your file. You may need it for future steps, like defaults or costs.

Practical examples by method:

Personal service example:

• “On June 3, 2025, at 4:15 p.m., I attended 45 King Street, Summerside. I asked the man at the door if he is Robert Jones. He stated he is Robert Jones. I handed him a Notice of Application dated June 1, 2025, and a supporting affidavit sworn June 1, 2025. He accepted the documents.”

Courier example:

• “On May 8, 2025, I sent the Statement of Claim dated May 7, 2025, to ABC Ltd. at 12 Water Street, Charlottetown, by Purolator, tracking 123456789. The tracking shows delivery on May 9, 2025, at 10:02 a.m. to J. Lee. A copy of the delivery record is attached as Exhibit ‘B’.”

Email with consent example:

• “On April 20, 2025, at 1:07 p.m., I emailed the Notice of Motion dated April 18, 2025, to counsel for the respondent at mlee@xyzlaw.ca. Written consent to service by email dated March 1, 2025, is attached as Exhibit ‘A’. A copy of the sent email is attached as Exhibit ‘B’.”

Substituted service example:

• “Under the order dated March 10, 2025, I posted the Notice of Application on the door of 22 Maple Avenue on March 12, 2025, at 9:30 a.m. I also mailed a copy to the same address the same day. Photos of the posting and the mail receipt are attached as Exhibits ‘B’ and ‘C’.”

Common mistakes to avoid:

• Do not sign before you appear before a commissioner or notary.
• Do not rely on vague statements like “I served him last week.” Use exact dates and times.
• Do not forget to attach proof for courier, mail, email, or fax.
• Do not mix up party names or roles. Match the style of cause exactly.
• Do not omit the method of service. The court must see how service occurred.
• Do not leave exhibits unlabeled. Each must be marked and referenced.

Practical tips:

• Take detailed notes during service. Write down date, time, and observations at once.
• Collect names and titles of anyone who accepts documents at a business.
• Print tracking pages the day you prepare the affidavit. The date printed should show.
• Use one affidavit per person served when possible. It keeps facts clear.
• If you must correct a small error, draw a single line through it. Write the correction. Initial the change.

If service failed the first time, record your attempts. That record can support a request for substituted service. Describe dates, times, and places you tried, and who you spoke with. Include any returned mail. This helps the court assess reasonable efforts.

Final check before filing:

• The style of cause matches your filed documents.
• The file number is correct.
• The deponent’s name and details are complete.
• Each document served is listed with its full title and date.
• The who, when, where, and how of service are clearly set out.
• All exhibits are attached, labeled, and referenced.
• The jurat is complete and signed by a commissioner or notary.
• You have copies for your records and for other parties if needed.

When your Form 16B is clear and complete, your next step moves faster. Judges and registry staff can see exactly what happened. You avoid adjournments and refusals that cost time and money. Take a few extra minutes now to get it right.

Legal Terms You Might Encounter

• As you complete Form 16B – Affidavit of Service (Prince Edward Island), you will see common court and service terms. Knowing these terms helps you complete the form correctly and avoid delays.
• Affidavit: An affidavit is a written statement of facts that you swear or affirm are true. Form 16B is your affidavit that proves you served documents. When you sign it before a commissioner, you confirm the details of service. The court relies on your affidavit to decide if the other party was properly notified.
• Deponent: The deponent is the person who swears or affirms the affidavit. If you served the documents, you are the deponent for Form 16B. Your name appears in the opening section, and you sign the jurat at the end. You must have firsthand knowledge of the service details.
• Service: Service means delivering court documents to a party in a way the court accepts. Form 16B records how you served the documents. You must describe the date, time, place, and method of service. Your affidavit proves that service occurred as required.
• Personal Service: Personal service is handing the documents directly to the person named. On Form 16B, you state that you personally served the person. Include where the service occurred and what you said or did to confirm identity. Courts treat personal service as strong proof of notice.
• Substituted or Alternative Service: Substituted or alternative service is a court‑approved method when you cannot serve someone personally. It can involve leaving documents with another person, posting, or another method. If you used such permission, note it in Form 16B. Attach or refer to the order that allowed the alternative method.
• Manner of Service: Manner of service means the exact method you used. Examples include personal service, leaving with an adult at the residence, or another authorized method. In Form 16B, you must describe the manner clearly. The court needs enough detail to confirm compliance with service rules.
• Commissioner for Oaths / Notary Public: A commissioner for oaths or a notary public is authorized to administer oaths or affirmations. You must sign Form 16B in front of one. They complete the jurat, confirm your identity, and witness your signature. Without this, your affidavit is invalid.
• Jurat: The jurat is the statement at the end of an affidavit that says when, where, and before whom you swore or affirmed it. It includes the commissioner’s details and signature. On Form 16B, the jurat appears below your signature. Check that all fields in the jurat are complete.
• Exhibit: An exhibit is a document attached to an affidavit that supports your statements. With Form 16B, exhibits might include a photograph of a posted notice, a delivery receipt, or a copy of the document served. Each exhibit must be labeled and initialed by the commissioner.
• Court File Number: The court file number is the unique number assigned to the case. You must place it at the top of Form 16B. This ensures the court links your affidavit to the correct file. Confirm the number matches the documents you served.
• Parties: Parties are the people or entities involved in the case. They are often called Applicant and Respondent, or Plaintiff and Defendant. Form 16B asks for party names exactly as they appear on the other court documents. Use the same spelling and order.
• Process Server: A process server is someone who serves documents for legal cases. They can be a professional or another adult who is not a party. If a process server served the documents, they complete and swear Form 16B themselves. You should not sign on their behalf.
• Address for Service: An address for service is the address where a party agrees to receive documents. If you served documents at an address for service, say so in Form 16B. This helps the court see that you delivered documents to the correct location.
• Reasonable Diligence: Reasonable diligence means you made fair and practical efforts to serve someone. If personal service failed, the court may look for details showing diligence. Your Form 16B can mention repeated attempts, times, and places to support this.

FAQs

Do you need to be a lawyer to swear Form 16B?

No. The person who served the documents must swear or affirm the affidavit. That person can be a professional server or another adult who is not a party. You must sign before a commissioner for oaths or a notary public. Bring valid ID and the form.

Do you have to serve documents personally every time?

Not always. Some documents require personal service. Others may allow delivery by another method. Check the rules for the type of document you served. If you used an alternative method, explain it clearly in Form 16B. Attach any court order allowing it.

Do you need a process server, or can you serve yourself?

A party generally should not serve documents that require personal service. Use a process server or another adult. That person then completes and swears Form 16B. If the rules allow service by mail or another method, follow those steps and keep proof.

Do you file Form 16B right after service?

File it as soon as possible after service. Many timelines run from the date of service. Delay can cause scheduling problems or adjournments. Filing promptly helps the court confirm proper notice. Keep a copy for your records.

Do you need to attach the documents you served as exhibits?

You usually do not attach the whole documents served. You should attach supporting proof if needed, such as a delivery receipt or a photo of posted service. If a court order permitted substituted service, attach or refer to that order. Label exhibits properly.

Do you need to include exact time and place of service?

Yes. List the full date, approximate time, and location. Include the address and any identifying details. This helps the court assess whether service was valid. Vague entries can lead to questions or rejection of the affidavit.

Do you have to identify the person you served?

Yes. State the person’s full name if known. If you served someone who accepted documents for a party, describe who they are and why service on them was permitted. Note how you confirmed identity, such as by asking their name or checking ID.

Do you need to re‑serve if you discover an error in Form 16B?

Not necessarily. If service itself was valid but the affidavit has a clerical error, you can prepare a corrected affidavit. Swear the new Form 16B and file it. If service was invalid, you will need to serve again and file a new affidavit.

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

Before signing

• Case details: Court file number, court location, and full party names.
• Documents served: Exact titles and dates of the documents.
• Service details: Date, time, full address, and manner of service.
• Identity notes: How you confirmed the recipient’s identity.
• Authority for method: Any court order allowing substituted service.
• Supporting proof: Photos, receipts, or notes from attempts and delivery.
• Commissioner access: A plan to meet a commissioner or notary with ID.
• Copies: A clean copy of Form 16B and any exhibits ready to attach.

During signing

• Confirm names: Party names match the other court documents.
• Verify file number: Matches the case file on all pages.
• Detail service facts: Date, time, location, and method are complete and clear.
• Documents list: Titles and dates of all documents served are accurate.
• Exhibits: Each exhibit is labeled and initialed by the commissioner.
• Oath or affirmation: Choose one and sign only in front of the commissioner.
• Jurat: Date, location, and commissioner’s full details and signature are present.
• Legibility: Print neatly or use a typed form; avoid blanks and strike‑throughs.

After signing

• Make copies: One for filing, one for your file, and one for the party who hired you.
• File promptly: Submit the sworn Form 16B to the correct court registry.
• Confirm filing: Get a stamped copy or confirmation if available.
• Notify the party: Tell the party or lawyer that filing is complete.
• Store securely: Keep a copy with notes of service attempts and exhibits.
• Calendar deadlines: Track response and hearing dates that follow service.
• Prepare to testify: Be ready to attend court if service is challenged.

Common Mistakes to Avoid

• Missing or wrong court file number. Consequence: The court may reject the filing or misfile it. Don’t forget to copy the file number exactly from the case documents.
• Vague service details. Consequence: The court may doubt that service was valid. Don’t forget to include the exact date, approximate time, address, and how you confirmed identity.
• Signing without a commissioner. Consequence: The affidavit is invalid and cannot be filed. Don’t forget to sign in front of a commissioner for oaths or a notary public.
• Mixing up who served and who signs. Consequence: The affidavit may be struck or questioned. Don’t forget that the person who actually served must be the deponent and signer.
• Leaving out exhibits that explain the method. Consequence: The court may refuse substituted service or question compliance. Don’t forget to attach or refer to any order or proof supporting the method used.

What to Do After Filling Out the Form

1. File the affidavit with the court. Do this as soon as possible after service. Bring the original signed Form 16B and any exhibits. Confirm you are filing in the correct court location.
2. Share confirmation with the party. Send a copy of the filed affidavit to the party or lawyer who requested service. Include the date and method of filing.
3. Track response timelines. Many deadlines run from the date of service. Note when the other party’s response is due. Update any hearing dates with your team.
4. Prepare for questions. Keep your notes and exhibits handy. If the other party disputes service, you may need to explain your steps. You might be called to testify.
5. Correct errors quickly. If you find a clerical error in the affidavit, complete a corrected Form 16B. Swear it before a commissioner. File the corrected version and notify the party.
6. Re‑serve if needed. If service did not meet the required method, serve again following the rules. Then complete and file a new Form 16B.
7. Secure your records. Store a copy of the sworn affidavit, exhibits, and attempt logs. Keep them until the case ends and any appeal periods expire.
8. Update contact information. If you learn of a new address for the party, pass it along to the file owner. This helps with future service and avoids delay.
9. Close the loop with the registry. If the court requests clarification, respond promptly. Provide any missing exhibit or detail to keep the case moving.
10. Plan for future documents. Note what service method worked. Use that information for later filings. Keep your process consistent and well documented.