Affidavit of Service (Form 8A): Ontario Small Claims Court Guide

An Affidavit of Service (Form 8A) is the sworn statement you file in Ontario Small Claims Court to prove you served court documents on another party. The person who delivered the documents fills it out and swears it in front of a commissioner, such as a notary public. You need a separate Form 8A for each person served, and you can sign it with a notary online by video.

Key Takeaways

• Form 8A proves to the Small Claims Court that the other party received your documents.
• The person who served the documents completes and swears the affidavit, not the party who filed the case (unless they served it themselves).
• Each person served needs their own Form 8A.
• Form 8A has to be sworn or affirmed in front of a commissioner. You can do this with a notary online by video.
• Family court cases use a different form, the Affidavit of Service (Form 6B).

What Is an Affidavit of Service (Form 8A)?

Form 8A is a sworn affidavit under the Rules of the Small Claims Court. It tells the court who was served, which document they received, and when, where and how it was delivered.

The court relies on it before moving your case forward. For example, the clerk won’t note a defendant in default unless an affidavit of service shows the claim was properly served.

Which Affidavit of Service Form Do You Need in Ontario?

Ontario has more than one affidavit of service, and using the wrong one can delay your case:

• Small Claims Court: Affidavit of Service (Form 8A)
• Family court: Affidavit of Service (Form 6B). See our Form 6B guide.
• Other civil cases in the Superior Court of Justice: Affidavit of Service (Form 16B) under the Rules of Civil Procedure

If your case is for money or property within the Small Claims Court limit, Form 8A is the one you need.

When Do You Need Form 8A in Small Claims Court?

You need Form 8A whenever the court has to see proof that a document was served. Common examples:

• Plaintiff’s Claim (Form 7A): served on each defendant
• Defence (Form 9A): served on the plaintiff and other parties
• Defendant’s Claim (Form 10A): served on each party it’s made against
• Notice of Motion and Supporting Affidavit (Form 15A): served on the other parties before the motion hearing
• Request to Clerk (Form 9B): when asking the clerk to note a defendant in default, you file Form 8A to show the claim was served
• Garnishment documents and summonses to witness, such as the Notice of Garnishment (Form 20E) and Summons to Witness (Form 18A), which also need formal service

You usually don’t have to file Form 8A right away. Keep it ready, then file it when you take your next step, such as asking to note a defendant in default, or when a judge orders it.

Who Fills Out Form 8A?

The person who actually served the documents completes and swears Form 8A. In Small Claims Court, you can serve documents yourself, or have a friend, business associate, process server or your representative do it for you.

If someone else served your documents, they must sign and swear the affidavit, not you. Lawyers and licensed paralegals can use a Certificate of Service (Form 8B) instead of an affidavit.

How Can Documents Be Served in Small Claims Court?

How you serve depends on the document.

Plaintiff’s claims and defendant’s claims must be served personally or by an alternative the Rules allow:

• Personal service: handing the claim to the person, or to an officer or director of a corporation
• At the person’s home: leaving it in a sealed envelope with an adult member of the household, then mailing or couriering another copy
• Registered mail or courier: to the person’s home, with a signature confirming receipt
• Through their lawyer or paralegal: if the representative accepts service in writing

If none of these work, you can ask the court for an order allowing substituted service, such as mailing the claim to the person’s employer.

Other documents, like a defence or motion materials, can usually be served by mail, courier, email or personal service.

Key Deadlines for Serving and Proving Service

• Serving a claim: within 6 months of the date it was issued, unless the court extends it.
• Filing a defence: the defendant has 20 calendar days after being served with the claim.
• Mail and courier: service counts as made on the 5th day after mailing, or after the courier confirms delivery.
• Registered mail or courier for a claim: service counts on the date of the signature confirming receipt.
• Motions: check the court’s motion rules for the deadlines to serve your motion and file your affidavits of service before the hearing.

How to Fill Out an Affidavit of Service (Form 8A)

Download the official form from Ontario Court Forms, then fill in:

1. Court details: the Small Claims Court location, its address and your claim number.
2. The parties: the full names of the plaintiffs and defendants.
3. Your details: the full name and municipality of the person who served the documents.
4. Who you served: the full name of the person or corporation.
5. When and where: the date of service and the full address, with the type of address (home, business or representative’s office).
6. What you served: the exact names of the documents.
7. How you served: personal service, or the method you used and its details.
8. Proof of delivery: attach any delivery confirmation, like a Canada Post or courier signature record.

Leave the signature section blank. You sign only in front of the commissioner, who records whether the affidavit was sworn in person or by video conference. For more on wording, see our guide on how to write an affidavit.

Does Form 8A Need to Be Commissioned?

Yes. Form 8A must be sworn or affirmed in front of a commissioner for taking affidavits, such as a notary public, lawyer or licensed paralegal. The court won’t accept an unsworn affidavit of service.

You can do this online. Form 8A has a section for affidavits sworn by video conference, so you can meet a notary online from home or the office. During the appointment, the commissioner:

• Checks your government-issued photo ID
• Confirms you understand the affidavit
• Has you swear or affirm that the contents are true
• Watches you sign, then signs and commissions the affidavit

To learn more about who can sign legal documents, see who can notarize a document in Ontario.

How to File Form 8A

You can file Small Claims Court documents online, by mail or in person at the court office. Online filing isn’t available for every court location or document, so check the Small Claims Court filing page for your court before you file. Keep a copy of every affidavit of service for your records.

Tips for an Accurate Affidavit of Service

• Take notes when you serve. Write down the date, time, address and method right away.
• Keep delivery confirmations. Save Canada Post or courier signature records and attach them.
• Match the court papers exactly. Use the same names and document titles that appear on your claim.
• Use one affidavit per person. If you served two people at the same address, complete two affidavits.
• Don’t sign early. Wait until you’re in front of the commissioner.

Frequently Asked Questions

Does an affidavit of service need to be commissioned in Ontario?

Yes. Form 8A must be sworn or affirmed in front of a commissioner for taking affidavits, such as a notary public, lawyer or licensed paralegal. An unsworn affidavit of service won’t be accepted.

Can I swear Form 8A online?

Yes. Form 8A can be sworn by video conference, and the form has a section to record this. You can meet a notary online to have it commissioned.

Who fills out the Affidavit of Service (Form 8A)?

The person who served the documents fills it out and swears it. If a friend or process server served your claim, they complete Form 8A, not you.

Do I need a separate Form 8A for each person served?

Yes. Complete one affidavit of service for each person or corporation you served, even if they live at the same address.

What is the difference between Form 8A and Form 8B?

Form 8A is the affidavit of service anyone can use, and it must be sworn. Form 8B is a Certificate of Service that only lawyers and licensed paralegals can use instead.

Is Form 8A the same as Form 6B?

No. Form 8A is for Small Claims Court. Form 6B is the affidavit of service used in Ontario family court cases.

Get Your Form 8A Commissioned

Once your Form 8A is filled in, the last step is swearing it in front of a commissioner. Meet a notary online by video, then file your affidavit of service with the Small Claims Court.