Introduction

Updated on October 16, 2026 • 10 min read. This clear, practical guide explains the Affidavit of Service used in Ontario Small Claims Court, who completes it, accepted methods of service, and how to fill and file the form correctly to prove that documents were delivered.

Key Takeaways

The Affidavit of Service is the sworn document that shows a party was properly served with court documents. Use it to prove delivery in Ontario Small Claims Court. The person who actually served the documents must swear or affirm the affidavit before an authorized official. Keep a copy of the completed affidavit and any courier or mail receipts; file it with the court and provide the other side with a copy.

What Is an Affidavit of Service?

An Affidavit of Service is a written, sworn statement that records when, where, how, and to whom legal documents were delivered. In Small Claims Court it functions as formal proof of service so the court knows that opposing parties received required paperwork. The affidavit typically lists the documents served, the date and time of service, the method used, and the name of the person served.

Which Form Do You Need?

Ontario Small Claims Court uses a specific affidavit form for recording service of claim forms, notices, and other court documents. The affidavit must include the court file number and the names of the parties. If you are unsure which version to use, the court office can confirm the correct affidavit template for the document you served.

When You Need an Affidavit of Service

You need an Affidavit of Service whenever the court requires formal proof that a party received court documents. Typical situations include proving delivery of the originating claim, responding to motions, or establishing that a party was notified of a hearing. Where the court requires written proof, an affidavit is the standard accepted method.

Who Fills Out the Affidavit of Service?

The person who actually carried out the service completes the Affidavit of Service. That person must swear or affirm the statement before an authorized official, such as a commissioner for taking affidavits, a notary public, or a lawyer. The server cannot be the party who benefits from the notice (unless the court permits otherwise); typically a third party or professional process server performs service.

How Documents Can Be Served

  • Personal service: Delivering the documents directly to the named individual at their home, workplace, or another location.

  • Mail or courier: Sending the documents by registered mail or a traceable courier service and keeping the delivery receipt as supporting evidence.

  • Leaving at address: Leaving documents with an adult at the person’s usual residence or place of business, and noting the recipient and circumstances in the affidavit.

  • Substituted service: If standard methods fail, the court may authorize alternative service (for example, posting documents at a last known address or publishing a notice). Substituted service requires a court order and must be recorded in the affidavit.

  • Service on a representative: Delivering documents to a lawyer, agent, or an authorized representative is acceptable when the person being served has legal counsel or a designated agent.

Key Deadlines

Timely service is essential. Once documents are issued by the court, you must serve them within the timeframe set by the court rules. If service deadlines are missed, the court may dismiss the matter or refuse relief. After service, file the Affidavit of Service according to the court’s filing schedule so the record reflects when the other party was notified.

How to Fill Out an Affidavit of Service

Follow these practical steps when completing an Affidavit of Service:

  • Begin with the court file number and party names at the top of the form.

  • Identify the server: provide the full name and contact details of the person who served the documents.

  • List each document served by title (for example, Plaintiff’s Claim, Notice of Motion) and include the number of pages where relevant.

  • Record the date, time, and precise location of service.

  • Describe the method of service used (personal, mail, courier, left with adult, etc.).

  • If documents were left with another person, name that person and state their relationship or capacity (for example, spouse, co-resident, receptionist).

  • If service relied on a court order (substituted service), reference the order and attach a copy if required.

  • Sign the affidavit and take it to an authorized official to swear or affirm the contents under oath.

  • Attach exhibits as needed — for example, a copy of the document served or a courier receipt — and mark them clearly on the affidavit.

Filing and Serving the Affidavit

After the affidavit is sworn, file the original with the court office and provide a copy to the other party or their counsel. Retain copies and any delivery receipts for your records. The court will rely on the filed affidavit as the formal record of service, so accuracy and completeness are important.

Common Mistakes to Avoid

  • Incomplete descriptions: Failing to list every document served or omitting page counts can create uncertainty.

  • Incorrect dates or locations: Errors in date, time, or place undermine the affidavit’s reliability.

  • Unsigned or unsworn affidavits: An affidavit must be signed and sworn/affirmed in front of an authorized official.

  • Not attaching supporting receipts: If you used courier or registered mail, include proof of delivery.

  • Failing to file promptly: Delay in filing the affidavit with the court or in serving the opposing party can cause procedural problems.

Conclusion

Using a proper Affidavit of Service is the accepted way to prove delivery of court documents in Ontario Small Claims Court. Ensure the person who performed service completes and swears the affidavit, describe the method and circumstances precisely, attach supporting proof, and file it with the court in a timely manner. Careful attention to these steps protects your record and helps avoid delays or disputes about whether service occurred.

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