Affidavit of Service - Ontario, Canada

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Affidavit of Service - Ontario, Canada

An Affidavit of Service in Ontario, Canada is used to prove that a document has been properly served to a party involved in a legal case. It is commonly used to provide evidence that a summons, notice, or other legal document has been delivered to an individual or organization.

In Ontario, Canada, the person who serves the document typically files the Affidavit of Service.

FAQ

Q: What is an Affidavit of Service?
A: An Affidavit of Service is a legal document used to provide proof that a document or notice has been properly delivered to the intended recipient.

Q: What is the purpose of an Affidavit of Service?
A: The purpose of an Affidavit of Service is to establish that a document or notice has been served on the other party involved in a legal proceeding.

Q: When is an Affidavit of Service required?
A: An Affidavit of Service is required when serving legal documents or notices to parties involved in a court case or other legal proceedings in Ontario, Canada.

Q: Who can serve an Affidavit of Service in Ontario?
A: In Ontario, an Affidavit of Service can be served by a process server, a court official, or any other individual who is over 18 years old and not party to the legal proceedings.

Q: What information should be included in an Affidavit of Service?
A: An Affidavit of Service should include details such as the date and time of service, the name and address of the person served, a description of the document or notice served, and the signature of the person who served it.

Q: Is an Affidavit of Service a legally binding document?
A: Yes, an Affidavit of Service is considered a legally binding document and can be used as evidence in court to prove that proper service has been made.

Q: How should an Affidavit of Service be sworn or affirmed?
A: An Affidavit of Service should be sworn or affirmed before a commissioner of oaths, a notary public, or a person authorized to administer oaths in Ontario, Canada.

Q: What happens if an Affidavit of Service is not completed properly?
A: If an Affidavit of Service is not completed properly, it may be rejected by the court or deemed unreliable as evidence. It is important to follow the proper procedures and include all necessary information.

Q: Can an Affidavit of Service be challenged in court?
A: Yes, an Affidavit of Service can be challenged in court if there are grounds to believe that proper service was not actually made or if there are errors or inconsistencies in the document.

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