If you are involved in a legal proceeding before a court or tribunal, you will likely require an Affidavit of Service or Proof of Service to be completed to serve as proof that someone has received a legal document. Neighbourhood Notary can help prepare and/or commission your Affidavit of Service.
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What is it?
If you a party involved in a legal proceeding before a Canadian court or tribunal, such as Small Claims Court, Family Court, Superior Court, you will likely be required to serve legal documents on other parties involved in the proceeding. Once the legal document is served on other parties, the court or tribunal will likely require you to file an Affidavit of Service, also known as a Proof of Service. An Affidavit of Service is a legal document where the person who served the document (i.e. you or a process server) swears that the legal document was served on the other party. The Affidavit of Service will serve as proof that you actually served the other party and it prevents them from saying that they did not receive your legal document. What is usually included? Usually an affidavit of service will include the following information: the full name and address of the person who served the document, the full name and address of the person who the document was served on, the date and time the document was served, the location the document was served, what document was served, what method the document was served (i.e. email, personal service, etc.), and any other information that relates to service of the document. |
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Commissioning your Affidavit of Service
Once your Affidavit of Service is completed, the person who served the document must swear or affirm that the information contained in the affidavit is true and correct. This must be done before a commissioner of oaths.
Neighbourhood Notary can help you prepare and commission your Affidavit of Service.
Once your Affidavit of Service is completed, the person who served the document must swear or affirm that the information contained in the affidavit is true and correct. This must be done before a commissioner of oaths.
Neighbourhood Notary can help you prepare and commission your Affidavit of Service.
DISCLAIMER: information provided in this article is for informational purposes only. It may not be up-to-date and may not be accurate. It shall not be construed as legal advice. Please contact the relevant governmental entity or organization for the most up-to-date and accurate information.
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Need help drafting & commissioning your Affidavit of Service?