To prove you legally delivered your civil claim, you must complete an Affidavit of Service (Form 8A) and swear it before a Commissioner for Taking Affidavits. In London, you can swear this critical document at the Dundas Street courthouse for a small administrative fee of roughly $21 CAD.
In the Ontario justice system, you cannot simply mail a lawsuit to someone and tell the judge they received it. The courts require absolute, sworn proof that the defendant was legally handed the documents. Without this proof, your civil claim at the London courthouse will be permanently stalled.
Whether you are serving a Plaintiff’s Claim for a Small Claims Court matter or a Statement of Claim in the Superior Court of Justice, an Affidavit of Service is the foundation of your entire case. This guide explains how to properly prepare, swear, and file this critical document in Middlesex County.
Step-by-Step Process in London
Creating an Affidavit of Service is a strict legal procedure. If the form contains errors, the court clerk will reject it, causing frustrating delays in your civil action. 📋
Step 1: Complete the Service
Before drafting the affidavit, the documents must actually be served. In Ontario, an originating process (like your initial claim) must generally be served personally. This means physically handing the documents to the defendant. If they refuse to take the envelope, dropping it at their feet while explaining what it is counts as valid personal service.
Step 2: Fill Out Form 8A
Download Form 8A (Affidavit of Service) from the Ontario Court Forms website. You must detail exactly who was served, what specific documents were handed to them, the exact date and time, and the address in London where the service occurred. Accuracy is absolutely critical here.
Step 3: Swear the Document Under Oath
You cannot simply sign the form at your kitchen table. The person who served the documents must take the form to a Commissioner for Taking Affidavits, a Notary Public, or a lawyer. They will ask you to swear on a religious text or solemnly affirm that the contents of the document are entirely true.
Step 4: File the Affidavit with the Court
Once signed and stamped by the Commissioner, the original Affidavit of Service must be filed with the court clerk at 80 Dundas Street, or uploaded via the Ontario Justice Services Online portal. Always keep a digital and physical copy for your own records. 📂
Methods of Service and Proof Required
How you serve the document changes what you must write in the Affidavit. Here is a breakdown of the rules:
| Method of Service | How it Works | Details Required in Affidavit |
|---|---|---|
| Personal Service | Handing the document directly to the defendant. | Date, time, and physical description of the person served. |
| Alternative to Personal Service | Leaving it with an adult resident at the defendant’s home and mailing a copy. | Name of the resident and proof of mailing (e.g., registered mail receipt). |
| Substituted Service | Serving via email, text, or social media. | Requires attaching the judge’s formal Order allowing this method. |
How Much Does it Cost in London?
Preparing and filing an Affidavit of Service involves minor administrative costs. Here is what you can expect in Canadian dollars (CAD):
- Swearing at the Courthouse: Court clerks at the London courthouse can commission your affidavit for a nominal fee of $21 CAD.
- Private Notary Fees: If you visit a private Notary Public or law firm in London, they generally charge between $40 and $80 CAD to commission a document.
- Process Server Fees: If you hire a professional process server to deliver the documents and prepare the sworn affidavit for you, the total cost is usually between $100 and $300 CAD depending on distance.
- Court Filing Fee: There is no standalone fee to file the Affidavit of Service itself in the Ontario Small Claims Court.
How Long Does the Process Take?
The timeline depends heavily on how hard the defendant is to find. Serving the documents can take a few days or several weeks if the person is actively avoiding you. Once the documents are served, swearing the affidavit takes about 15 minutes at a notary’s office. If you file the sworn document online, it typically takes the court staff 3 to 5 business days to process and accept it into your official file. ⌛
Frequently Asked Questions (FAQ)
Can I serve the documents myself?
Yes, in Small Claims Court, you are legally allowed to serve the documents yourself. However, hiring a neutral third-party process server is often safer and prevents the defendant from lying and claiming they were never served.
Can I swear the affidavit online?
Yes. Ontario allows documents to be commissioned virtually via video call (like Zoom), provided the Commissioner can see you clearly and verify your government-issued photo ID.
What happens if I lie on the Affidavit of Service?
Swearing a false affidavit is perjury, which is a serious criminal offence in Canada. It will also immediately result in your civil claim being dismissed by the judge.
Do I need an Affidavit of Service for every document?
Yes. Anytime you serve a new motion, an amended claim, or a notice of garnishment, you must complete and file a new Affidavit of Service to prove the opposing party received it.
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