Guides · reviewed 2026-09-04

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

Legal information, not legal advice. Results depend on the facts of your case.

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. A claim must be served in person, or by one of the alternatives in rule 8.03. Regular mail and email are not allowed for a claim. You prove service with an Affidavit of Service (Form 8A), sworn by the person who served.

The methods for a claim

  • A person: hand a copy to the defendant.
  • A corporation: leave a copy with an officer, a director, or a person who appears to be in control of a place of business.
  • A partnership or a sole proprietorship: leave a copy with a partner or the sole proprietor. A person in control of the principal place of business also works.
  • A person under 18: leave a copy with the minor, and another copy with the parent or the person with care or lawful custody.
  • At the home, after a failed attempt: leave a sealed copy with an adult of the household. Then mail or courier a second copy the same day or the next day.
  • Registered mail or courier to a home: allowed for a claim only if the person, or an apparent member of the household, signs for it.
  • A corporation you cannot find: the head office is not at the address on record with the Ministry. Mail or courier a copy to that address, and a copy to each recorded director.
  • A lawyer or paralegal: you can serve the party's lawyer or paralegal, but only if they endorse an acceptance of service with the date.
  • Nothing works: ask the court for an order for substituted service.

The day service counts

The 20-day Defence clock starts on the day the rules treat the claim as served.

Method Service is effective
In person The day you hand it over.
Adult at the home + mailed copy The 5th day after you mailed the second copy, or after the courier confirmed delivery.
Mail or courier to a corporation's recorded address The 5th day after mailing or courier confirmation.
Registered mail or courier with a signature The date of the signature on the delivery confirmation.
Lawyer's acceptance The date of the endorsement.

A Defence and other documents can also go by mail, courier, or email. Mail counts on the 5th day after mailing. Courier counts on the 5th day after the courier confirms delivery. Email counts the day it is sent, or the next day if sent between 4 p.m. and midnight. Enter the effective date in the deadline calculator: /calculators/deadlines.

What to do

  1. Wait for the court to issue the claim. Serve the issued copy, not your draft.
  2. Pick a method the rules allow for a claim. You can pay a process server. Keep the receipt.
  3. Record the details: the date, the time, the place, the person, and what they looked like.
  4. For registered mail or courier, keep the delivery confirmation with the signature. Attach it to Form 8A.
  5. Complete Form 8A for each defendant: /build/8a. The person who served swears it in front of a commissioner. Do not sign it before.
  6. File Form 8A with the court. Without it, the clerk cannot note the defendant in default.
  7. Served outside the court's territorial division? The clerk also needs an Affidavit for Jurisdiction (Form 11A) before a default.

Deadlines and fees

  • Serve within 6 months after issue. The court can extend the time, before or after the 6 months.
  • The Defence is due 20 days after the effective date of 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 the court finds special circumstances.
  • A defendant outside Ontario: the court can award the reasonable cost of service there.

Common mistakes

  • Do not put the claim in a mailbox, and do not email it. Neither is service of a claim.
  • 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.
  • Do not count the 20 days from the day you mailed. Count from the effective date.

When to get a lawyer

Get legal advice if you cannot find the defendant, or the defendant is outside Ontario. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

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