All About Affidavit of Service or Proof of Service.
Affidavit of Service is an important legal document in Ontario that is often required in various legal proceedings. In this blog article, we will answer some of the most common questions people have about Affidavits of Service.
What is an Affidavit of Service?
An Affidavit of Service, also known as Proof of Service, is a legal document that provides proof that a party in a legal proceeding has been properly served with a document, such as a summons, notice of motion, or statement of claim. It is typically completed by the person who served the document.
What information must be included in an Affidavit of Service?
It must include specific information to ensure that it is valid and acceptable in court. Here is the information that must be included in the Affidavit:
- Identification: The Affidavit of Service must include the full name, address, and occupation of the person who served the document.
- Description of the Document: The affidavit must describe the document that was served, including the title of the document, the date it was issued, and the parties involved.
- Description of the Service: The affidavit must include a detailed description of how the document was served, including the date, time, location, and method of service (e.g., personal service, mail, fax, or email).
- Proof of Service: The affidavit must provide proof that the document was served, such as a copy of the document or a receipt showing that the document was sent by registered mail.
- Sworn Statement: The Affidavit of Service must include a sworn statement by the person who served the document, affirming that the information contained in the Affidavit of Service is true and accurate.
It is important to ensure that the affidavit is completed accurately and in compliance with the rules of court. If you have any questions or concerns about completing an Affidavit of Service in Ontario, it is recommended that you seek the advice of a lawyer.
Why is an Affidavit of Service important?
Without it, there is no proof that the other party or parties have been properly served with the legal document. This can result in delays in the legal proceeding or even the dismissal of the proceeding if proper service has not been made.
Who can swear an Affidavit of Service?
In case you served the documents, you need to affirm or swear that the information provided in your affidavit of service is accurate. On the other hand, if someone else served the documents, that individual must complete the affidavit of service and affirm or swear that the information in the affidavit is true.
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?
Yes, the affidavit of service can be challenged in Ontario if there are concerns about whether the document was properly served. If a party believes that the document was not properly served or that the affidavit of service is inaccurate, they can challenge it by bringing a motion to the court. The court may then review the evidence presented by both parties and make a determination as to whether the document was properly served. If the court finds that the document was not properly served, it may set aside any subsequent steps in the proceeding or order that the document be served again.
Are there any time limits for filing an Affidavit of Service?
Yes, there are time limits for filing an affidavit of service in Ontario. The time limit for filing the affidavit depends on the type of document that was served and the court in which the proceeding is taking place.
For example, in the Ontario Superior Court of Justice, an affidavit of service must be filed within 10 days after the document is served if it is a statement of claim, notice of action, or notice of application. If it is any other document, such as a notice of motion or affidavit, the affidavit of service must be filed within 4 days after the document is served.
Where can I get the Form 8A, Affidavit of Service?
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:
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.
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.
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.
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.
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.
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?
Yes, the Affidavit of Service – Form 8A can be notarized remotely/online.
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.
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.