Affidavit of Service Ontario: Complete 2025 Guide for Lawyers, Landlords & Individuals

An affidavit of service Ontario courts require, is one of the most important documents in any legal proceeding. Without a properly prepared and commissioned affidavit, the court cannot confirm that the opposing party was notified, which means your case may be delayed, rejected, or adjourned. Whether you are filing a civil claim, family application, Small Claims action, or Landlord–Tenant Board matter, understanding the affidavit of service Ontario rules is essential.

At Select Serve and File Process Server Inc., our team prepares and assists with affidavits daily as part of our process serving and court filing services. We support law firms, paralegals, property managers, financial institutions, and individuals across Ontario with accurate, court-ready affidavits and timely filing.

This guide explains everything you need to know about the affidavit of service Ontario rules, forms, timelines, examples, and best practices for 2025.

What Is an Affidavit of Service in Ontario?

An affidavit of service Ontario officials accept, is a sworn statement that confirms:

• Who was served
• When they were served
• Where service took place
• How the service was completed
• What documents were served

It is sworn or affirmed in front of a Commissioner of Oaths or Notary Public.

Courts rely on this affidavit to validate service. Without it, your filing is considered incomplete.

When Is an Affidavit of Service Ontario Required?

An affidavit is mandatory for most:

Civil Court matters

• Statements of Claim
• Motion Records
• Applications
• Defendant/Respondent materials

Family Court matters

• Form 8 Applications
• Motion to Change
• Financial statements
• Parenting or support motions

Small Claims matters

• Plaintiff’s Claim
• Defendant’s Claim
• Motions, garnishments, and orders

Landlord–Tenant matters

• L1, L2 applications
• N4, N12, N13 notices
• Certificates of Service

If a process server Ontario professional performs the service, they complete the affidavit, saving time and ensuring accuracy.

Types of Affidavit of Service Ontario Forms

Different courts require different forms. The most common include:

1. Form 16B – Rules of Civil Procedure

Used for civil actions (Superior Court).

2. Form 6B – Family Law Rules

Used for family cases, divorce matters, parenting disputes, and support motions.

3. Form 8A – Small Claims Court Certificate of Service

Used for Small Claims filings.

4. LTB Certificate of Service

Used for Residential Tenancies Act notices (N4, N12, N13, L1, L2).

Select Serve and File prepares and assists with all affidavit formats and provides court filing support.

What Must an Affidavit of Service Ontario Include?

A legally valid affidavit must contain:

• Full name of the server
• Address of the server
• Date and time of service
• Exact location
• Method of service (personal, mail, posting, etc.)
• Identity confirmation method
• Description of the recipient (if personal service)
• List of documents served
• Signature of the server
• Commissioner’s signature and stamp

Any missing information can cause filing delays.

How a Professional Server Completes the Affidavit of Service in Ontario

The affidavit is prepared immediately after serving documents. Here is what the process looks like from a professional standpoint:

1. Detailed Service Notes

A process server records:

• Vehicle details
• Building access level
• Conversation summary
• Attempts
• Behaviour of the respondent

2. Preparation of the Affidavit

A process server Ontario expert fills in the court-specific form accurately.

3. Commissioning

The affidavit is sworn before a Commissioner of Oaths. Many professional process servers have commissioning arrangements or in-house support.

4. Filing

Affidavits are filed:

• In person
• At the court counter
• Via e-filing (for eligible cases)

Select Serve and File files affidavits at courts across Toronto, Mississauga, Brampton, Hamilton, Kitchener, and more.

Step-by-Step Guide: How to Prepare an Affidavit of Service in Ontario

Step 1: Identify the Required Form

Different courts have different rules. Ensure you use:

• 16B for Civil
• 6B for Family
• 8A for Small Claims
• CS for LTB

Step 2: Record the Service Details Clearly

Precise details matter. Write down:

• Time
• Date
• Exact address
• Description of property
• Name of the person served (if known)
• Physical description (if needed)

Step 3: Complete the Court Form

Enter:

• Your name
• Address
• Method of service
• Documents served

Step 4: Swear or Affirm the Affidavit

All affidavits of service Ontario require commissioning.

A Commissioner must:

• Verify your identity
• Watch you sign
• Stamp and sign the form

Step 5: File the Affidavit

Depending on the matter, filing happens:

• In person
• Through mail (rare)
• Online via Justice Services Online

A professional service provider can file on your behalf.

Examples of Valid Service for Affidavit Purposes

Example 1: Personal Service (Civil)

A Toronto respondent is personally served with a Statement of Claim. The affidavit of service Ontario form 16B lists:

• Respondent name
• 361 University Ave condo lobby
• Date + time
• Description of respondent
• Documents served

Example 2: LTB Posting

An N4 notice is posted on the tenant’s door. The affidavit includes:

• Unit number
• Door description
• Date/time
• Photo (optional but helpful)

Example 3: Small Claims Registered Mail

The defendant receives documents by registered mail. Proof of mailing is attached to the affidavit.

Common Mistakes That Delay Affidavits

• Incorrect address information
• Wrong form type
• Missing signature or commissioning
• Wrong court location
• Incomplete methods of service
• Incorrect dates
• Missing page attachments

Using a professional process server Ontario reduces these risks significantly.

Why Use a Professional to Prepare Your Affidavit of Service Ontario?

A professional server ensures:

• Correct form completion
• Accurate service details
• Proper commissioning
• Faster court filing
• Reduced risk of rejection
• Complete compliance with Ontario rules

Select Serve and File specializes in affidavits and filings for law firms, corporations, property managers, and individuals.

Disclaimer

This article provides general information only and does not constitute legal advice. Always consult a lawyer or licensed paralegal for case-specific guidance.

We are Here For You

If you need a professionally prepared affidavit of service Ontario, with process serving and court filing handled for you, contact Select Serve and File Process Server Inc. for fast and reliable assistance.

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