Who Completes the Form 6B Affidavit of Service?

Understanding the Purpose of Form 6B: Affidavit of Service

The Form 6B: Affidavit of Service is an official document used within the Ontario court system to formally confirm that legal documents have been properly served to the relevant parties involved in a case. This affidavit acts as proof that the respondent or other involved parties have received the necessary court documents, which is often a prerequisite for proceeding with various legal actions.

Who Should Fill Out the Affidavit?

This form must be completed by the individual who carried out the service of court documents. Typically, this person is a process server, a lawyer, or any authorized individual who has physically or electronically served the documents. The person filling out the affidavit must swear or affirm that the information provided is true and accurate to the best of their knowledge.

When and Why Is This Form Required?

The affidavit is required after serving documents such as pleadings, notices, or other court documents. It provides the court with a sworn statement detailing how, when, and where the documents were served, ensuring compliance with procedural rules. Proper service is crucial because it establishes that the respondent has been formally notified of legal proceedings, which can impact the validity of the case or subsequent legal steps.

How to Complete Form 6B

Part 1: Details of the Parties

Begin by listing the full legal names and addresses of the applicant(s) and respondent(s), including contact details such as telephone, fax, and email addresses. If an attorney is involved, their contact information should also be included.

Part 2: Sworn Statement

The affiant must provide their full legal name and residence details, then swear or affirm that the following statements are true:

• The date, time, and location where the service occurred.
• The name of the person served and the documents served.

Part 3: Details of Service Method

This section requires you to specify how the documents were served. Options include:

• Special service (e.g., leaving documents with a person or lawyer).
• Mailing or courier services.
• Electronic methods such as email, electronic document exchange, or fax.
• Substituted service or service by advertisement, if applicable.

Check the box that corresponds to the method used and provide additional details as required.

Supporting Documents and Attachments

Depending on the method of service, you must attach relevant proof, such as:

• Receipts from courier or mailing services.
• Confirmation of electronic service or fax transmission.
• Copy of the advertisement or court order permitting substituted service.

Ensure all attachments are clearly labeled and referenced in the affidavit.

Filing and Submission of the Affidavit

Once completed and sworn or affirmed before a commissioner for taking affidavits, lawyer, justice of the peace, or notary public, the original affidavit should be filed with the court office. It becomes part of the official court record, serving as legal proof of service.

Common Errors to Avoid

• Failing to specify the exact method of service used.
• Omitting necessary attachments or proof of service.
• Providing incomplete or inaccurate details about the service date, time, or recipient.
• Not swearing or affirming the affidavit before an authorized official.

Conclusion

The Form 6B: Affidavit of Service is a critical document that confirms the proper delivery of legal documents in Ontario court proceedings. Accurate completion and proper filing ensure that the court recognizes the service as valid, allowing the legal process to move forward without procedural delays.