Who can sign Form 8A?

The person who served the document signs Form 8A and swears or affirms it before a commissioner for taking affidavits (rule 8.09.1(2)). That person can be you, a friend, a family member, or a process server. A lawyer or paralegal who served the document uses a certificate of service, Form 8B, instead (rule 8.09.1(3)). The commissioner can take the oath in person or by video (O. Reg. 431/20).

Do I have to serve the defendant in person?

Personal service means you leave a copy with the person (rule 8.02). For a corporation, leave it with an officer, a director, or a person in control at a place of business (rule 8.02). If personal service fails, you can leave a sealed copy with an adult at the person's home (rule 8.03(2)). Then send another copy by mail or courier the same or next day (rule 8.03(2)). If no method works, ask the court for an order for substituted service (rule 8.04).

When do I file Form 8A?

File it after you serve the document and before any step that depends on service. To note a defendant in default, you must file proof of service first (rule 11.01). The claim itself must be served within 6 months after it is issued (rule 8.01(2)). Outside Toronto, file through Submissions Online (rule 1.05.4). In Toronto, use the Ontario Courts Public Portal (rule 1.05.5). There is no court fee for the affidavit (O. Reg. 332/16).

What if the defendant cannot be found?

Try personal service first (rule 8.02). Then try the alternative: a sealed copy with an adult at their home, plus a copy by mail or courier (rule 8.03(2)). If both fail, bring a motion for substituted service and propose a method likely to reach the defendant, such as email or a relative (rule 8.04). Record each try, with the date, the time, and the result.

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Ontario Small Claims Court · For either side · rule 8.09.1(2)

Form 8A: Affidavit of Service

Form 8A is the Affidavit of Service, the sworn statement that proves a document was served in the Ontario Small Claims Court (rule 8.09.1(2)). The person who served the document swears it (rule 8.09.1(2)). It records who was served, on what date, at what address, and by which method (Form 8A). The court needs it before the clerk notes a defendant in default (rule 11.01).

Fill Form 8A, free The official PDF (ontariocourtforms.on.ca)

When you use it

• Use it after you serve a Plaintiff's Claim (Form 7A) or a Defendant's Claim (Form 10A) (rule 8.09.1(2)).
• File it before you ask the clerk to note a defendant in default (rule 11.01).
• Use it for other documents that must be served and proved, such as a Notice of Examination (rule 20.10) [VERIFY].
• A lawyer or paralegal who served the document uses Form 8B instead (rule 8.09.1(3)).

The facts

Rule: rule 8.09.1(2), O. Reg. 258/98
Court fee: No court fee (O. Reg. 332/16, as stored 2026-01-06)
Official revision: Aug 2022
Who files it: For either side

How this site fills it

The free Form 8A interview asks who served what, on whom, when, where, and how. It fills the official PDF and ticks the service method. You then swear it before a commissioner.

Fill Form 8A, free

How to complete and file Form 8A

01
Serve the document by personal service (rule 8.02) or by an alternative the rules allow (rule 8.03).
02
Record the date, the time, the address, and the name of the person you served.
03
Fill Form 8A with those details, and tick the service method you used (Form 8A).
04
Swear or affirm the affidavit before a commissioner for taking affidavits, in person or by video (O. Reg. 431/20).
05
Leave page 4 out of the filing, because it holds instructions only (Form 8A).
06
File the affidavit in the court file for the claim (rule 8.09.1(2)).
07
Keep a copy for the request to note the defendant in default (rule 11.01).

Questions people ask about Form 8A

Who can sign Form 8A?: The person who served the document signs Form 8A and swears or affirms it before a commissioner for taking affidavits (rule 8.09.1(2)). That person can be you, a friend, a family member, or a process server. A lawyer or paralegal who served the document uses a certificate of service, Form 8B, instead (rule 8.09.1(3)). The commissioner can take the oath in person or by video (O. Reg. 431/20).
Do I have to serve the defendant in person?: Personal service means you leave a copy with the person (rule 8.02). For a corporation, leave it with an officer, a director, or a person in control at a place of business (rule 8.02). If personal service fails, you can leave a sealed copy with an adult at the person's home (rule 8.03(2)). Then send another copy by mail or courier the same or next day (rule 8.03(2)). If no method works, ask the court for an order for substituted service (rule 8.04).
When do I file Form 8A?: File it after you serve the document and before any step that depends on service. To note a defendant in default, you must file proof of service first (rule 11.01). The claim itself must be served within 6 months after it is issued (rule 8.01(2)). Outside Toronto, file through Submissions Online (rule 1.05.4). In Toronto, use the Ontario Courts Public Portal (rule 1.05.5). There is no court fee for the affidavit (O. Reg. 332/16).
What if the defendant cannot be found?: Try personal service first (rule 8.02). Then try the alternative: a sealed copy with an adult at their home, plus a copy by mail or courier (rule 8.03(2)). If both fail, bring a motion for substituted service and propose a method likely to reach the defendant, such as email or a relative (rule 8.04). Record each try, with the date, the time, and the result.

Legal information, not legal advice. Rules are from the Rules of the Small Claims Court, O. Reg. 258/98; fees from O. Reg. 332/16 as stored 2026-01-06. Items marked [VERIFY] have not been checked against the current consolidation. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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