Affidavit of Service in Ontario: What It Is and Why It Matters
If you have been asked to serve court documents in Ontario, you may eventually hear the term "Affidavit of Service."
An Affidavit of Service is used to provide evidence about how, when, where, and on whom documents were served.
For people involved in litigation, this document can be an important part of demonstrating that service took place.
At Quick Serve and File, we assist lawyers, law firms, businesses, and self-represented individuals with professional process serving and related legal support services throughout Ontario.
What Is an Affidavit of Service?
An Affidavit of Service is a sworn statement setting out details concerning the service of documents.
Depending on the circumstances, it may identify:
The person who was served
The documents served
The date of service
The time of service
The location of service
The method of service
Other relevant details concerning the service
The exact requirements can vary depending on the proceeding and applicable court rules.
Why Is an Affidavit of Service Important?
Simply saying "I served the documents" may not be enough.
A properly completed affidavit can provide a formal record of what occurred.
This can become particularly important if the recipient later claims:
They were never served
They received the documents late
They were served at the wrong location
The wrong person received the documents
The required method of service was not followed
A detailed service record can help establish what actually occurred.
Who Can Prepare an Affidavit of Service?
The person who actually carried out the service may be required to swear or affirm the affidavit, depending on the applicable requirements.
The affidavit should accurately describe what the person knows and observed.
It should not contain assumptions or information that the person cannot properly attest to.
What Information Should Be Included?
The precise information required depends on the proceeding, but service documentation may include:
Date
The date on which service occurred.
Time
The approximate or exact time of service, as appropriate.
Location
Where the documents were served.
Person Served
The identity or identifying information of the person who received the documents.
Documents
The documents that were served.
Method of Service
How the documents were delivered or served.
Circumstances
Any relevant circumstances surrounding the service, including refusal or other unusual events.
Accurate details matter.
What If the Person Refuses to Accept the Documents?
Refusal does not necessarily mean that the process server should simply walk away and consider the assignment finished.
The appropriate response depends on the circumstances and the applicable service rules.
A process server should document what occurred as accurately as possible.
This may include recording the recipient's words, conduct, location, and other relevant observations.
What If Service Was Not Successful?
An unsuccessful attempt should also be documented.
For example, the process server may record:
The date and time of the attempt
The address visited
Whether anyone was present
Whether contact was made
What was observed
Any information obtained during the attempt
This can help the client determine what to do next.
Can a Process Server Help With an Affidavit of Service?
A professional process server can provide detailed information about the service attempt and the circumstances surrounding service.
At Quick Serve and File, our services include professional process serving and related legal support.
If you need a process server, you can also request a Quick Quote.
What Happens After the Affidavit Is Completed?
Depending on the proceeding, the affidavit may need to be sworn or affirmed and then filed with the appropriate court or used as evidence of service.
The exact procedure depends on the type of proceeding and applicable court requirements.
If you are self-represented, it is particularly important to understand what your specific court requires.
Visit our Self-Represented Services page for additional information about obtaining assistance.
Need Documents Served in Ontario?
Quick Serve and File provides process-serving assistance in multiple Ontario communities, including:
Whether you need one straightforward attempt or assistance with a more difficult service assignment, providing accurate information about the recipient and your deadline can help the process server plan the assignment.
Request a Process Serving Quote
If you need court documents served in Ontario, you can request a Quick Quote from Quick Serve and File.
Professional documentation of service can be just as important as the physical delivery of the documents.
Quick Serve and File — Professional Process Serving and Legal Support Services in Ontario.
This article provides general information only and is not legal advice. Affidavit and service requirements can vary depending on the court, proceeding, document, and applicable rules.