An Affidavit of Service (Form 8A) is mandatory proof that you successfully delivered legal documents to the other party. You must swear an oath and sign this document in front of a Commissioner for Taking Affidavits, which currently costs $21 CAD if done at the Hamilton courthouse counter.
When you are involved in a civil lawsuit or Small Claims matter, secrecy is not allowed. 📄 The Canadian justice system operates on the principle of fairness, meaning you cannot sue someone without giving them formal, clear notice. Serving your legal documents on the opposing party is a strict procedural requirement. However, simply handing an envelope to someone is not enough to satisfy a judge.
You must prove to the court exactly how, when, and to whom the documents were delivered. This is done by completing an Affidavit of Service. If you fail to file this document, the Hamilton Small Claims Court will not allow you to proceed to a trial or obtain a default judgment. Here is exactly how to prepare this critical form correctly.
Step-by-Step Process in Hamilton
Whether you are serving a Plaintiff’s Claim, a Defendant’s Claim, or a Notice of Motion, the procedure for proving service is governed by the Rules of the Small Claims Court. Accuracy is vital.
Step 1: Serving the Legal Documents
Before you can write the affidavit, you must actually serve the documents. 📬 If you are suing a person, you generally must use “Personal Service” by handing the documents directly to them. If you are suing a corporation in Hamilton, you can leave the documents with an officer, director, or any person appearing to be in management at their place of business. Take careful note of the exact date, time, and address where the delivery happened.
Step 2: Filling Out Form 8A
Download Form 8A: Affidavit of Service from the Ontario Court Forms website. You will need to fill in your court file number, the names of the plaintiff and defendant, and check the specific boxes that correspond to how you served the documents. You must name the exact document you served (e.g., “Plaintiff’s Claim”) and detail the time and location. Do not sign the document yet!
Step 3: Commissioning the Affidavit
An affidavit is a sworn legal statement, meaning lying on it is perjury. 👮 You must take your completed, unsigned Form 8A to a Commissioner for Taking Affidavits. You can do this at a private law firm, a notary public, or directly at the John Sopinka Courthouse in downtown Hamilton. You will show your photo ID, swear an oath (or make an affirmation) that the contents are true, and then sign the document in front of the commissioner, who will add their seal.
How Much Does it Cost in Hamilton?
Preparing the document yourself is free, but legally finalizing it and utilizing delivery services will incur minor out-of-pocket expenses. 💰
- Court Counter Commissioning: If you take your Affidavit to the Hamilton courthouse clerk to be commissioned, the provincial fee is exactly $21 CAD per document.
- Private Notary or Paralegal: Visiting a private notary public or a local Hamilton law firm to swear the document usually costs between $35 and $50 CAD.
- Hiring a Process Server: If you do not want to serve the documents yourself, you can hire a professional Hamilton process server. They charge between $75 and $150 CAD. The major benefit is that they will draft and commission their own Affidavit of Service, saving you the hassle entirely.
| Service Option | Who Signs the Affidavit? | Estimated Cost (CAD) |
|---|---|---|
| Self-Serve + Court Clerk | You (The Plaintiff) | $21 |
| Self-Serve + Private Notary | You (The Plaintiff) | $35 – $50 |
| Professional Process Server | The Process Server | $75 – $150 (Total) |
How Long Does the Process Take?
You face strict deadlines for serving documents. For a Plaintiff’s Claim, you must serve the defendant within 6 months of the date the court issued the claim. Once you have served the document, you should commission and file the Affidavit of Service immediately. If a hearing or settlement conference is scheduled, your filed Affidavit must usually be in the court record at least 3 days before the scheduled date to prove the other party was notified.
Frequently Asked Questions (FAQ)
What happens if the defendant refuses to take the documents?
If the person refuses to accept the documents, you can drop them on the floor in front of them while explaining what the documents are. In your Affidavit of Service, you will note that they refused to take them and that you left them in their presence. This is generally considered valid Personal Service in Ontario.
Can I serve the documents by registered mail?
It depends on what you are serving. A Plaintiff’s Claim cannot generally be served by registered mail on an individual; it requires Personal Service or an Alternative to Personal Service. However, documents like a Defence or a Notice of Motion can often be served by mail or email, depending on the current Small Claims Court rules.
Can a family member serve the documents for me?
Yes. Anyone who is over the age of 18 and mentally competent can serve the documents on your behalf. However, that specific person must be the one to fill out, swear, and sign the Affidavit of Service in front of the commissioner, because they are the one verifying the delivery.
What if the defendant is actively hiding from me?
If you have made multiple legitimate attempts to serve someone in Hamilton and they are avoiding you, you can file a motion for “Substituted Service.” A judge may grant you permission to serve them in a different way, such as by email, mailing it to a known relative, or posting it on their door.
Leave a Reply