An Affidavit of Service is a fundamental document in Canadian legal proceedings, required whenever formal proof of document service is necessary. This sworn statement details the delivery of legal documents to relevant parties and must comply with federal and provincial rules of civil procedure. The document is used across various legal contexts, from civil litigation to corporate matters, and must be properly executed before a commissioner for oaths or notary public. The Affidavit of Service includes crucial information such as the identity of the server, recipient details, method of service, and timing of delivery. It serves as formal evidence in court proceedings and is essential for establishing that proper legal notice has been given to all relevant parties.
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1. Title and Court Information: Identifies the court, case number (if applicable), and parties involved in the legal matter
2. Affiant Information: Identifies the person making the affidavit, including their full name, occupation, and address for service
3. Document Description: Details of the document(s) that were served, including title, date, and number of pages
4. Service Details: Specific information about when, where, and how the document was served, including date, time, and location
5. Recipient Information: Identity and description of the person who received the documents, including their name and address
6. Method of Service: Description of how service was completed (e.g., personal service, mail, electronic)
7. Jurat: Formal closing statement including date, location of swearing, and commissioner's information
1. Attempts at Service: Used when multiple attempts were made before successful service, detailing each attempt
2. Identification Confirmation: Used when the server verified the identity of the recipient through specific means
3. Electronic Service Details: Used when service was completed electronically, including email addresses and delivery confirmation
4. Substitute Service Details: Used when court-approved alternative service methods were employed
5. Corporate Service Details: Used when serving a corporation, including details of the corporate officer or agent served
6. International Service Details: Used when service was completed in another country, including compliance with international treaties
1. Schedule A - Served Documents: Copies of all documents that were served
2. Schedule B - Proof of Delivery: Tracking information, delivery confirmations, or electronic read receipts if applicable
3. Schedule C - Photographs: If relevant, photographs showing service or attempts at service
4. Schedule D - Court Orders: Any court orders authorizing alternative service methods if applicable
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