How to File an Affidavit of Service in Ontario (Form 6B)

When you file court documents in Ontario, you usually need to **serve** a copy of those documents to the other party. But how do you prove you did it properly? You file **Form 6B – Affidavit of Service**, which tells the court who served the documents, when and how they were served, and to whom. This guide explains how to complete and file Form 6B, including common mistakes to avoid. *** ### ❓ What is Form 6B? **Form 6B – Affidavit of Service** is a sworn court form used to prove that: * You served legal documents (such as Form 8A, 14, 8B, or 9C) * You followed the correct method (in person, email, registered mail) * You served the right person * Service happened by the required deadline > 🔗 [Download Form 6B (PDF)](https://www.ontariocourtforms.on.ca/static/media/uploads/courtforms/family/06b/flr-6b-e.pdf) *** ### 🧾 Why Is Form 6B Important? Without proof of service: * Your court case may not move forward * A judge may reject your motion * The other party could claim they were never notified Form 6B keeps the process fair and accountable, especially in family law or protection cases. *** ### 👤 Who Can Fill Out Form 6B? * **Anyone who served the documents** (must be over 18 and not a party in the case) * Common servers include: legal assistants, friends, relatives, or professional process servers The form must be **signed in front of a commissioner for oaths or notary public**. *** ### 📝 How to Complete Form 6B 1. **Download Form 6B**: [Form 6B – Affidavit of Service (PDF)](https://www.ontariocourtforms.on.ca/static/media/uploads/courtforms/family/06b/flr-6b-e.pdf) 2. **Include the following details**: * Your name and contact info (as the server) * What documents you served * Who you served (full legal name) * How and when you served them (method + date + time) * Address or method of delivery (e.g., home address, email) 3. **Sign in front of a commissioner or notary** 4. **File it with the same court as your primary filing (e.g., Form 8A, 9C, or 14)** *** ### 📌 Summary: Filing Form 6B – Affidavit of Service in Ontario * ✅ Use **Form 6B** to prove you properly served legal documents * ✅ Server must be **18+ and not a party** in the case * ✅ Include exact **time, place, and method** of delivery * ✅ Sign the form in front of a **commissioner or notary** * ✅ File Form 6B with the court **before your hearing or deadline** *** ### 🔁 Common Uses for Form 6B * Serving a **restraining order application (Form 9C)** * Serving a **motion to vary (Form 8B)** * Serving an **affidavit or notice of motion (Form 14A or 14)** *** ### 📞 Where to Get Help * **Legal Aid Ontario** – 1-800-668-8258 * **Court Clerk’s Office** – They often have commissioners on-site * **Community Legal Clinics** – Can help verify proper service *** ### Frequently Asked Questions (FAQs) #### 1. What is an Affidavit of Service (Form 6B)? An Affidavit of Service is a sworn legal document that proves to a judge that the other party in your court case was properly given a copy of your legal documents. It is essential for ensuring the court process is fair. #### 2. Who is allowed to serve court documents in Ontario? Anyone who is at least 18 years old and is not involved in the case as an applicant or respondent can serve documents. This is often a friend, family member, or a hired professional process server. #### 3. Who signs Form 6B? The person who personally delivered the documents to the other party is the only person who can sign the Affidavit of Service. They are the "deponent" swearing that the service took place. #### 4. What happens if I don't file an Affidavit of Service? If you do not file a properly completed Form 6B, the court has no proof that the other party was notified of the court date. A judge will likely refuse to hear your case or make any orders until service is proven. This will cause significant delays. #### 5. Does Form 6B need to be notarized? Yes, or the equivalent. The server must sign the form in front of someone legally authorized to take oaths, which includes a notary public, a lawyer, or a commissioner for taking affidavits. All courthouses have commissioners who can do this. #### 6. Where do I get Form 6B? You can download Form 6B for free from the official Ontario Court Forms website. Make sure you are using the most current version of the form.