Affidavit of Service (Form 8A) in Ontario Small Claims Court

What Form 8A Is For

Form 8A is the Affidavit of Service used to prove service under Rule 8.09.1 of the Rules of the Small Claims Court (O. Reg. 258/98). It is the sworn statement proving you served a court document — a Defence (Form 9A), a Defendant's Claim (Form 10A), a motion (Form 15A), or any other filing — on the other party.

For most self-represented parties, Form 8A is the proof of service filed with the court. A lawyer or paralegal may use a Certificate of Service (Form 8B) instead. Without the required proof of service, your Defence filing package is incomplete and may be rejected.

How to Fill It Out

Form 8A requires specific details about the service:

Identifying information:

• The court file number (from the Plaintiff's Claim or your Defence)
• The full legal names of all parties
• The court location

Service details:

• What was served — the exact document name and form number (e.g., "Defence, Form 9A")
• Who was served — the full name of the person who received the document
• When it was served — the exact date and time
• Where it was served — the specific address
• How it was served — personal service, registered mail, courier, or another method authorized under Rule 8

The method matters. If you served a claim by registered mail or courier, include the delivery confirmation showing receipt with your Form 8A. For other documents served by mail or courier, keep the receipt or delivery confirmation with your records. For personal service, state that you handed the document directly to the named person.

Who Can Swear the Affidavit

The person who actually performed the service swears Form 8A. If you personally handed the Defence to the plaintiff, you swear it. If a friend or process server did the delivery, they swear it — not you.

The affidavit must be sworn or affirmed before a Commissioner for Taking Affidavits. In practice, that includes:

• Any licensed Ontario lawyer or paralegal
• A Commissioner appointed under the Commissioners for Taking Affidavits Act
• Court staff at the filing counter (many courthouses offer this at no charge)

Under O. Reg. 431/20, remote commissioning by electronic communication is valid if you and the commissioner can see, hear, and communicate in real time, the commissioner confirms your identity, and a modified jurat states that the oath was administered under the regulation and gives both locations. Confirm that the court will accept a remotely commissioned affidavit before relying on this option.

Common Mistakes That Delay Filing

Vague service descriptions. Writing "served by mail" without identifying the service method and date may leave the court without enough detail to assess whether service complied with Rule 8.

Wrong person swearing. If your cousin delivered the document, your cousin must swear the affidavit. You signing it is a false statement under oath, regardless of intent.

Keeping service records. For a claim served by registered mail or courier, include the delivery confirmation showing the signed receipt. For other documents, keep the receipt or delivery confirmation with your records in case you need to support the Form 8A.

Forgetting deemed service dates. When Rule 8.07 applies, service by mail is deemed effective on the fifth day after mailing; under Rule 8.07.1, service by commercial courier is deemed effective on the fifth day after the courier confirms delivery. A claim served on an individual under Rule 8.03(7) is effective when receipt is verified by signature. Form 8A should state the actual mailing or delivery date — the court applies the relevant service rule from there.

Filing Form 8A

You file Form 8A with the court clerk alongside the document it proves you served. For a Defence, that means submitting Form 9A, Form 8A, and the $77 filing fee together. There is no separate filing fee for the affidavit itself.

If you are filing through the Justice Services Online portal, you upload Form 8A as a PDF with your Defence submission. Portal submission is available for most Small Claims Court locations, though staff still need to review and formally accept the filing — a confirmation email alone does not mean your documents are on the court record.

For a step-by-step walkthrough of filing your Defence — including serving it, completing Form 8A, and meeting the 20-day deadline — the Ontario Small Claims Defence Guide covers the full process.

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