Affidavit of Service Saskatchewan Small Claims: Forms E and F Explained

You served the defendant. Now the court needs proof. In Saskatchewan Small Claims Court, that proof comes in the form of a sworn affidavit — and if it's missing or incomplete, the judge cannot proceed with your case.

Which Form Do You Need?

The affidavit form depends on how you served the documents:

For most claims, you'll use Form E or Form F. Forms H and I are only available when the court has specifically authorized service by email or fax — typically after personal service and registered mail have failed.

What the Affidavit Includes

Both Form E and Form F require you to state under oath:

• Your identity — who you are and your connection to the case
• The document served — what you delivered (Form A Summons)
• The person served — the full name of the individual or the corporate representative
• When and where — the exact date and location of service
• How — the method used (hand delivery or registered mail)

For Form F specifically, you must attach the Canada Post delivery confirmation bearing the recipient's signature. If the signature is illegible or the receipt is missing, you'll have a problem.

Where to Swear the Affidavit

An Affidavit of Service must be sworn or affirmed before a Commissioner for Oaths. You have several options:

Court registry clerks are authorized commissioners and will swear your affidavit at no charge. Bring the completed form to the Provincial Court registry — Regina (1815 Smith Street) or Saskatoon (220 19th Street East) — during business hours (8:30 AM to 4:30 PM).

Private Commissioners for Oaths are also available. The search term "commissioner for oaths" in Saskatchewan returns notaries, legal offices, and individuals authorized to commission documents. Some charge a nominal fee.

The person swearing the affidavit must be the person who actually performed the service. If you hired a process server, the process server swears the affidavit — not you.

Filing the Affidavit

Once sworn, file the original affidavit with the Provincial Court registry where your claim was filed. This must happen on or before the scheduled appearance date. If the affidavit isn't on file when the matter comes before a judge, the court may adjourn or dismiss.

Keep a copy for your own records and your evidence binder.

Common Problems

No delivery confirmation for registered mail. If the recipient refused to sign or the letter was returned unclaimed, you don't have valid service. You'll need to attempt personal service or apply for a substituted service order.

Wrong person identified. The affidavit must name the person who actually received the documents. For a corporation, that must be an officer, director, or manager — or the documents must have been left at the registered office.

Sworn before the wrong person. An affidavit sworn before someone who is not a Commissioner for Oaths is invalid. Don't have a co-worker or family member sign off on it.

Filed late. If the affidavit arrives at the registry after the appearance date, you may need to request an adjournment and re-serve.

What Happens Without It

No proof of service means the judge has no evidence the defendant was properly notified. The case can't proceed to a hearing or default judgment. You'll be sent back to serve again — losing weeks or months.

Our Saskatchewan Small Claims Filing Guide includes an affidavit preparation checklist for both personal service and registered mail, along with a service tracking worksheet that ensures you have every piece of documentation before you walk into the registry.

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