Ontario Superior Court of Justice Trials

How to Draft an Affidavit of Service

In this article we discuss how to prepare an affidavit of service and provide a link to purchase a user-friendly affidavit of service.

The Rules of Civil Procedure call for documents to be “delivered” and the words “deliver” or “delivery” mean to serve and file with proof of service. Proof of service is demonstrated by preparing an affidavit of service. An affidavit of service can be sworn or affirmed.

For example, a statement of defence must be delivered within 20 days. To do so, the defendant drafts the statement of defence, serves it on all other parties (the plaintiff(s) and any other defendant(s)), drafts an affidavit of service and has it sworn or affirmed, then files the statement of defence and affidavit of service with the Court and pays the Court filing fee.

An affidavit of service must address:

  1. Who served the document;
  2. What party was served;
  3. The title and date of the document;
  4. The name of the lawyer served, if any;
  5. How the document was served (email, courier, in person, etc.);
  6. The address to which the document was sent; and
  7. The date of service.

To help lawyers, self-represented litigants and others with creating an affidavit of service, we have prepared a user-friendly, professionally formatted affidavit of service that can be used multiple times during the course of litigation. It can be affirmed in person or remotely by video conference.

Self-represented litigants can have an affidavit of service affirmed by a commissioner for taking affidavits, a paralegal, a lawyer or Court staff.

Click here to purchase a copy of our user-friendly affidavit of service.

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