All About Affidavit of Service or Proof of Service.
Ever stumbled upon the term “Affidavit of Service”, also known as Proof of Service, and wondered what it’s all about? Especially in Ontario, where it pops up in legal scenarios more often than not? You’re not alone! This blog post dives deep into the world of Affidavits of Service, shedding light on all those burning questions you might have.
What is an Affidavit of Service?
An Affidavit of Service is a legal document confirming that a legal party has been properly served with specific documents, such as a summons, notice of motion, or statement of claim. It’s filled out by the individual who served the documents, detailing how, when, and where the service occurred, ensuring legal proceedings can proceed with verified document delivery.
What information must be included in an Affidavit of Service?
To ensure its validity and acceptance in legal proceedings, an Affidavit of Service / Proof of Service must meticulously include the following essential information:
- Server’s Identification: This part should include the server’s full name, address, and occupation, clearly identifying the individual responsible for serving the document.
- Document Description: It’s essential to detail the served document, including its title, issuance date, and the parties involved. This ensures clarity about the document’s nature and relevance.
- Service Description: A precise account of the document’s service is required, noting the date, time, location, and the method used (such as personal delivery, mail, fax, or email). This information verifies the process followed for legal standards.
- Proof of Service: Evidence confirming that the document was served, like a copy of the document or a registered mail receipt, is crucial. This proof supports the affidavit’s claims.
- Sworn Statement: The Affidavit of Service must conclude with a sworn statement by the server, attesting to the truthfulness and accuracy of the information provided. This statement is made under oath, emphasizing the document’s legal importance.
While drafting an Affidavit of Service, accuracy and adherence to legal protocols are paramount. Due to the potential complexities and legal implications, consulting a legal professional for advice or review is advisable to ensure compliance with all requirements and to navigate any legal challenges effectively.
Why is a Proof of Service important?
It provides proof that the other party has been properly served with legal documents. Without it, there’s no evidence of service, leading to potential delays or dismissal of the case. It ensures the legal process proceeds smoothly.
Who Is Eligible to Swear an Affidavit of Service?
If you’re the one who served the documents, it’s your responsibility to affirm or swear to the accuracy of the information in your Affidavit of Service / Proof of Service. Conversely, if another person handled the document service, they must fill out the affidavit and affirm or swear that the details provided are truthful.
Do Affidavits of Service need to be Notarized?
No, it does not need to be notarized. They must, however, be sworn or affirmed before a commissioner of oaths, a notary public, or a lawyer. The person who served the document is responsible for preparing and swearing the affidavit of service, and they must ensure that the document is properly completed and includes all required information. Once the affidavit of service has been sworn or affirmed, it can be filed with the court or provided to the party who requested it.
Can an Affidavit of Service be challenged in Ontario?
Are there any time limits for filing an Affidavit of Service?
The timeframe for filing an Affidavit of Service is subject to specific deadlines in Ontario, which vary based on the document served and the court overseeing the proceeding.
For instance, in the Ontario Superior Court of Justice, if you’ve served a statement of claim, notice of action, or notice of application, you must file the affidavit of service within 10 days after serving the document. For other documents, like a notice of motion or an affidavit, the filing deadline is within 4 days after service. These deadlines are crucial to adhere to in order to maintain the validity and progress of legal proceedings.
Where can I get the Form 8A, Affidavit of Service/Proof of Service?
You can obtain Form 8A – Affidavit of Service from the Ontario Court Forms website. Alternatively, you can obtain a copy of the form from the court office where your case is being heard.
What if an Affidavit of Service is not done or done incorrectly?
If an affidavit of service is not done or is done incorrectly, it can have serious consequences for the legal proceeding. Here are some of the potential outcomes:
Â
 1. Delay in the legal proceeding: If an affidavit of service is not filed or is filed late, it can delay the legal proceeding. This can cause unnecessary costs and inconvenience for all parties involved.
Â
2. Dismissal of the legal proceeding: If a party fails to properly serve a document and file an affidavit of service, the court may dismiss the legal proceeding. This means that the case will not be heard and the parties will have to  start the legal process over again.
Â
 3. Adverse cost consequences: If a party fails to properly serve a document and file an affidavit of service, they may be ordered to pay the costs of the other party. This can include legal fees and expenses incurred as a result of the delay or failure to properly serve the document.
Â
 4. Contempt of court: If a party deliberately fails to properly serve a document and file an affidavit of service, they may be found in contempt of court. This can result in fines, imprisonment, or other sanctions.
Â
What if an Affidavit of Service form is proven fraudulent?
Falsifying an affidavit of service is considered to be a serious offense as it undermines the integrity of the legal system and can cause harm to the parties involved in the legal proceeding.
Â
The party who filed the fraudulent affidavit may be subject to sanctions or penalties from the court, such as fines or imprisonment. In addition, the party who filed the fraudulent affidavit may be required to pay the costs of the other party incurred as a result of the false affidavit.
Can the Form 8A – Affidavit of Service be notarized remotely/online?
Indeed, it is possible to have the Form 8A – Affidavit of Service notarized through remote or online methods. This modern approach to notarization offers a convenient and efficient way to ensure your legal documents are properly authenticated, without the need for a physical presence at a notary’s office.
How Can All-Canada Notary Help You?
All-Canada Notary is a network of notary publics posed to make notarizing fast, convenient, secure, and accessible. We can help you  notarize your Affidavit of Service/Proof of Service.
All-Canada notary operates both physical and virtual notary services that are designed to fit your schedule. You can book an appointment with us today and have your Forms notarized online or visit any of our in-person locations any day to get it done.
