What is the significance of providing an Affidavit of Service?

What is the significance of providing an Affidavit of Service?

The process of commencing an action can appear complicated and surrounded by piles of paperwork. Each document serves an important legal purpose and is a requirement outlined by the Rules of Civil Procedure, which can appear intimidating. However, each document is simply a form of communication from one party to the other and each document works to communicate a different point pertaining to the matter.

When you serve a document to a defendant, for example, a Statement of Claim, you must provide a proof of service. An Affidavit of Service is a type of proof of service that swears (or affirms) the location, time, and method the document was served upon the other party. For example, if a plaintiff serves a Statement of Claim to the defendant, they will need to provide the Affidavit of Service along with this document. If there is more than one defendant involved in the matter, the Affidavit of Service must be completed for each defendant.

The purpose of drafting an Affidavit of Service along with served documents is to prevent the defendant from claiming that they haven’t received the papers. This form is basically the insurance protecting what has been served.

What must be included in an Affidavit of Service?

The form must include the name of the party who served the document, the name and address of the party that was served, the type of document served, the date and time the document was served, the location the document was served, and the method the document was served (via email, courier, fax etc.).

As stated previously, an Affidavit of Service must swear that their answers to the above are true, and if another party served the documents, they must provide their sworn testimony. When the party swears upon the validity of their document, it must be notarized by an officer who is certified to administer an oath. For an Affidavit of Service to be notarized, the officer must stamp the page and provide their signature to confirm the form’s legitimacy. The signature that affirms the sworn testimony must be signed in the presence of a commissioner, divisional court staff member, or lawyer.

When this process has been completed, the Affidavit of Service and relevant documents can be served to the opposing party.

If you are an employer or employee who wants to commence a legal action, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.