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What is an Affidavit of Service (Form 6B)?

An Affidavit of Service, is a legal document used to confirm that a party involved in a legal proceeding has been properly served (delivered) with documents related to the case.  In the context of Form 6B,  it would mean your partner was property served in accordance with the rules and procedures as set out in the Ontario Rules of Civil Procedure.  The Form typically includes the following information:

1. Court file number: The unique identifier assigned to the specific court case.
2. Court name and address: The name and address of the court where the case is being heard.
3. Names of the parties: The names of the individuals or organizations involved in the case.
4. Type of document served: A description of the document(s) that were served, such as a statement of claim, notice of motion, or other legal documents.
5. Method of service: The affidavit must outline the method used to serve the documents, such as personal service (delivering the documents directly to the individual), substituted service (serving the documents to a different person on behalf of the intended recipient), or alternative methods as permitted by the court.
6. Date and time of service: The date and time when the documents were served.
7. Signature: The person who served the documents must sign the affidavit, indicating that the information provided is true and accurate to the best of their knowledge.

 It's Purpose:

1. Proof of service:  As mentioned previously, the affidavit acts as a verification that the documents have been served in accordance with the rules and procedures of the Ontario court system. It provides a record of when and how the documents were served, ensuring that all parties are aware and have been given the opportunity to respond.
2. Due process: Serving legal documents is an essential aspect of due process, which ensures that all parties involved in a legal proceeding have been properly notified and have an opportunity to present their case. By filing the Form 6B Affidavit of Service, the serving party demonstrates that they have fulfilled their responsibility to notify the other party/parties involved. Typically, by providing relevant and compelling information, such as, providing a record of supporting documents, exhibits (bank statements or income returns).
3. Admissibility in court: The affidavit of service can be used as evidence in court to establish that the required documents were served correctly. It can help prove that the other party was aware of the legal proceedings and had the opportunity to respond.
4. Legal requirements: In Ontario, the Rules of Civil Procedure mandate that certain documents must be served on the other party/parties in a prescribed manner. Filing the Form 6B Affidavit of Service ensures compliance with these rules and helps maintain the integrity of the legal process.

In summary, the affidavit ensures your partner is properly notified of the actions you are taking and the information you are presenting to the court regarding your case, ensuring transparency, fairness, and adherence to legal procedures within the Ontario court system.

How To File Your Affidavit of Service

1. Complete the Form 6B Affidavit of Service: Fill out the form accurately and completely, providing all necessary details, including the court file number, court information, names of the parties, description of the document served, method of service, and date and time of service. Instead of travelling back to the Court house in-person, you can meet with a commissioner for taking affidavits or a notary public to have the affidavit sworn, call us to find the nearest notary public to you or get it done online.
2. Make copies of the completed affidavit: Create copies of the completed and commissioned affidavit for your own records and for any other parties involved in the case, as required.
3. Gather supporting documents: Collect any supporting documents related to the affidavit of service, such as receipts for courier services or photographs of the delivery.
4. Organize your court documents: Assemble all relevant court documents, including the original affidavit of service and any supporting documents.
5. Visit the court registry: Go to the court registry in person or file online (if applicable - most family law forms and documents for a family court case are now accepted online) where your case is being heard. You will need to bring the original affidavit of service, copies of the affidavit, and any supporting documents.
6. Submit the documents:  Before filing your documents, keep the originals as a judge will likely review them, make a copy but ensure that any personal identity information (social insurance number) or financial account information (credit card numbers, bank account numbers, account numbers for loans,  mortgages, etc.) are redacted with a black marker. Then if going in-person, approach the court counter and inform the court clerk that you need to file an Affidavit of Service. Present the original affidavit, copies of the affidavit, and any supporting documents. The court clerk will review the documents to ensure they are in order. Otherwise, if you're not going in-person then file the same online.
7. Pay any filing fees: Depending on the court and the nature of your case, there may be filing fees associated with submitting documents. Check with the court clerk regarding any applicable fees and make the necessary payment.
8. Obtain a filed copy: After the court clerk has accepted the documents and processed them, they will provide you with a filed copy of the affidavit. This copy will have an official stamp or seal indicating that it has been filed with the court.
9. Serve filed copies to other parties: If required by the court rules or if you wish to provide a copy to the other parties involved in the case, make additional copies of the filed affidavit and serve them on the respective parties as outlined in the rules of service.

It's important to note that specific court procedures may vary, so it's always a good idea to consult the court's website, seek legal advice, or contact the court directly for any additional instructions or requirements regarding filing an Affidavit of Service in your particular case. Here's an in-depth guide to assist you with filing documents at the Family Court.

If you have any questions on how to swear or affirm your affidavit of service, feel free to contact us.