How to serve your claim, and how to prove it (Form 8A)

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

You must serve a copy of the issued claim on each defendant within 6 months. You prove service with an Affidavit of Service (Form 8A).

What to do

1. Wait for the court to issue the claim. Serve the issued copy, not your draft.
2. For a person: give a copy to the defendant. This is personal service.
3. For a corporation: leave the copy with an officer, a director, or the person in control there.
4. You can pay a process server to do this. Keep the receipt.
5. The rules allow other methods of service in some cases. Read rule 8.03 before you use one.
6. Record the details: the date, the time, the place, and the person.
7. Complete Form 8A for each defendant. Swear or affirm it.
8. File Form 8A with the court. Without it, the clerk cannot note the defendant in default.

Deadlines and fees

• Serve within 6 months after issue. The court can extend the time.
• The Defence is due 20 days after service.
• There is no court fee to file Form 8A.
• If you win, you can recover service costs, up to $60 for each person served, unless special circumstances justify more.

Common mistakes

• Do not put the claim in a mailbox. That is not personal service.
• Do not serve your unissued draft. Serve the claim the court issued.
• Do not pass the 6-month limit. An extension needs a request to the court.
• Do not forget Form 8A. Service without proof does not move your case.

When to get a lawyer

Get legal advice if you cannot find the defendant to serve them. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines