The affidavit of service is the quiet workhorse of litigation: a sworn document proving that legal papers were delivered properly. Cases have been delayed — and even dismissed — over defective affidavits. Here’s what Ontario courts actually require.
What the affidavit must contain
Under Rule 16.09 of the Rules of Civil Procedure (affidavits typically follow Form 16B), the affidavit must state:
- Who was served (and how they were identified)
- What was served (the exact documents)
- When service happened (date and time)
- Where it happened (the address)
- How it was served (personal service, service on an adult in the household, etc.)
Who can swear it
The person who performed the service swears the affidavit — and it must be commissioned by a commissioner of oaths, notary public, or lawyer. An uncommissioned affidavit is just a piece of paper.
What gets affidavits rejected
Court clerks reject affidavits for: vague identification of the respondent (“a man at the address”), missing dates or times, documents misdescribed, and improper commissioning. Each rejection costs days — sometimes the entire filing window.
Why professional servers get it right
A professional process server drafts affidavits daily and knows what each courthouse expects. At GTA Process Server, affidavits are prepared under the supervision of a veteran litigator with 18+ years of legal experience.
Every serve we complete ends with a commissioned, court-ready affidavit. See our process or call (647) 761-9091.
Articles are general information about Ontario process serving, not legal advice.
About the Author
Muhammad Arbab Abbasi runs GTA Process Server, serving court documents across the Greater Toronto Area. He is a litigation professional with 18+ years of legal experience in Pakistan, including 14 years as Senior Partner (Litigation) and Founder of Attorney’s Syndicate in Islamabad, and has completed paralegal studies with Honors at Humber College, Toronto.