Our document templates make creating and commissioning documents effortless. Simply fill in the relevant information, and meet with a notary online to ensure Form 6B is ready to file with the appropriate Ontario court.

What Is an Affidavit of Service (Form 6B)?

An Affidavit of Service (Form 6B) is a sworn legal document used in Ontario family law cases. It confirms that specific court documents were properly delivered (served) to the other party involved in the matter.

This other party could be your former spouse, ex-partner, or another individual involved in a case. For example, if you’re the plaintiff, you must serve a copy of your Plaintiff’s Claim to the defendant, and then complete Form 6B to prove that the service took place.

The Affidavit records key details, including:

• Who received the documents

• Who served them

• When the service occurred

• How the documents were delivered

Form 6B ensures both sides are informed about the legal proceedings and have access to the same documents, supporting fairness in court.

What Is the Purpose of an Affidavit of Service (Form 6B)?

Serving documents is required at every stage of a family law proceeding. It shows that you’re being transparent and giving the other party a fair chance to respond.

The Affidavit of Service helps prevent disputes about whether documents were received. This Affidavit also keeps your case moving forward, since delays often happen when proper service can’t be proven.

Using Form 6B ensures that the other party:

• Knows legal action has been taken

• Can respond to any claims made

• Has an opportunity to raise their own claims if needed

All information in the Affidavit must be accurate. Any false statements may be considered perjury, which is a criminal offence in Canada.

Who Can Complete and Swear an Affidavit of Service (Form 6B)?

Only the individual who physically served the documents is allowed to complete and swear Form 6B. This person is known as the server.

You are not allowed to serve the documents yourself in family law matters. Instead, you must ask another adult to serve them on your behalf. It can be a friend, family member, or a professional process server, as long as they’re at least 18 years old.

After completing Form 6B, the server must swear or affirm it in front of a notary public or a Commissioner of Oaths.

Who Cannot Complete the Affidavit?

The person who received the documents (the recipient) cannot fill out or swear the Affidavit. This includes anyone acting on their behalf.

Also, in cases where the documents involve potential jail time or special service requirements, you cannot serve them yourself. You’ll need to have another adult or a licensed process server do it for you.

How to Prepare for Service

The person serving the documents should keep careful notes that include:

• The name of the person served

• The exact date and time

• The method of service (e.g., in-person, email, etc.)

• The address where the service took place

This information will be needed to complete the Affidavit properly.

Keep in mind that some documents must be served in specific ways. For example, a Plaintiff’s Claim in a family matter cannot be served by regular mail or fax. Typically, a document can be served on any day of the week.

Common service options include:

• Asking a friend or co-worker (18+) to serve documents

• Hiring a professional process server

• Requesting that your lawyer or legal representative arrange the service

Getting an Affidavit of Service Commissioned

Once Form 6B is filled out, it must be commissioned by a person legally authorized to take Affidavits in Ontario. This includes a notary public, commissioner of oaths, lawyer, judge, or justice of the peace. You can get your Affidavit commissioned online with us in just under 7 minutes, from anywhere with a Wi-Fi connection. 

During the online commissioning process, the Affiant (person making the Affidavit) swears or affirms that the Affidavit’s contents are true before the authorized official. Ensure you don’t sign your Affidavit before commissioning, as you must sign it in the presence of the official.

An Affidavit must meet the following requirements to be considered valid:

• The Affiant must have written and signed the Affidavit of Service.

• The Affiant must swear or affirm that the contents of their Affidavit are true and correct.

• The Affidavit must be witnessed and signed by someone authorized to administer oaths or affirmations, like a notary public or commissioner of oaths.

• The individual administering the oath or affirmation must verify the Affiant’s identity.

• The individual administering the oath or affirmation must verify that the Affiant understands the contents of their Affidavit and what they’re signing.

Information to Include in Your Affidavit of Service

Your Affidavit of Service should contain the following information:

• The type of documents that were served

• Full legal name of the person who served the documents (the Affiant)

• Full legal name of the person who was served

• The date the documents were served (day, month, year)

• The full address where the service took place

• The method used to serve the documents (e.g., personal service, letter mail, email)

• Any photo identification (e.g., driver’s licence) used during service

• Signature of the Affiant

• Name and signature of the notary public or Commissioner, plus the date and location of the commissioning

Filing Your Affidavit of Service (Form 6B)

After the documents are served, the completed Affidavit of Service (Form 6B) must be filed with a court. You’ll usually submit it with the original documents that were served.

There are strict timelines for filing, so ensure you submit all required documents before the applicable deadline. You can file the Affidavit:

• In person at a courthouse

• Online through Justice Services Online

Get Your Affidavit of Service Commissioned Today! 

With NotaryPro, you can book an online notary appointment to get your Affidavit of Service commissioned in minutes. Our platform is secure, user-friendly, and convenient. You can complete the entire process from your home or office without commuting to an in-person location.