The Affidavit of Non-Service is a essential legal document used when attempts to serve legal papers to an individual or entity have been unsuccessful. This document is commonly used in Canadian courts and legal proceedings when process servers or other authorized individuals have made reasonable attempts to serve legal documents but have been unable to do so. The affidavit must detail all attempts made to serve the documents, including dates, times, locations, and methods used. It plays a crucial role in legal proceedings by allowing the court to verify that proper attempts at service were made and potentially authorize alternative methods of service. The document must comply with both federal and provincial requirements for sworn statements and typically requires certification by a Commissioner for Taking Affidavits.
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1. Title and Court Information: Identifies the court, jurisdiction, and case file number if applicable
2. Deponent Information: Identifies the person making the affidavit, including their name, occupation, and place of residence
3. Document Identification: Specifies the legal documents that were attempted to be served
4. Party Information: Details about the person who was to be served, including full name and last known address
5. Service Attempts: Chronological detail of each attempt to serve the documents, including dates, times, and locations
6. Methods Used: Description of the different methods attempted to locate and serve the individual
7. Conclusion: Statement confirming that service could not be completed despite reasonable attempts
8. Jurat: Formal closing section with date, location of swearing, and commissioner's information
1. Skip Trace Results: Include when skip tracing services were used to attempt to locate the individual
2. Witness Statements: Include when other individuals provided information about the subject's whereabouts
3. Electronic Service Attempts: Include when attempts were made to serve documents electronically
4. Security/Access Issues: Include when building security or access restrictions affected service attempts
5. Previous Known Addresses: Include when multiple addresses were investigated for service
1. Photograph Exhibit: Photographs of locations where service was attempted or evidence of attempts
2. GPS Location Data: Maps or location data showing where service attempts were made
3. Communication Records: Copies of any relevant emails, text messages, or other communication attempts
4. Skip Trace Report: Detailed results of skip trace investigations if conducted
Relevant legal definitions
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Insurance
Banking
Corporate Services
Government and Public Sector
Debt Collection
Professional Services
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Relevant Teams
Legal
Compliance
Litigation Support
Court Administration
Legal Operations
Document Processing
Risk Management
Legal Administrative Support
Collections
Relevant Roles
Process Server
Legal Assistant
Paralegal
Lawyer
Court Clerk
Litigation Support Specialist
Legal Administrator
Compliance Officer
Law Clerk
Commissioner for Taking Affidavits
Collection Agent
Legal Process Coordinator
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