The Affidavit of Personal Service is a fundamental document in Canadian legal proceedings, used whenever formal proof of document delivery is required by law or court rules. This sworn statement details the specific circumstances under which legal documents were personally delivered to a recipient, including the date, time, location, and method of identification. The affidavit must be completed by the person who performed the service (the deponent) and must be sworn or affirmed before an authorized official such as a commissioner of oaths or notary public. It serves as official evidence in legal proceedings that proper service was completed and is commonly used in civil litigation, family law matters, corporate proceedings, and other legal contexts where formal notification of parties is required. The document must comply with both federal and provincial requirements regarding personal service and affidavits.
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1. Title and Court Information: Identifies the court, parties involved in the main case, and court file number if applicable
2. Deponent Information: Full legal name, occupation, and address of the person making the affidavit (the process server)
3. Document Details: Specific identification of the legal documents that were served, including titles, dates, and number of pages
4. Service Details: Date, time, and location where service was completed
5. Recipient Information: Full name and description of the person who was served
6. Method of Service: Description of how personal service was carried out and confirmation of hand-delivery
7. Identification Confirmation: Statement describing how the server identified the recipient
8. Jurat and Signature: Formal closing, including place and date of swearing/affirming, with spaces for signatures of deponent and commissioner
1. Service Attempts: Details of previous attempts at service, used when there were multiple attempts before successful service
2. Recipient Behavior: Description of the recipient's behavior during service, included if there were notable reactions or resistance to accepting documents
3. Photograph Attachment Reference: Reference to attached photographs of the recipient or location, used when photographic evidence was collected
4. Special Circumstances: Any unusual circumstances or relevant details about the service, included when service occurred under non-standard conditions
5. Corporate Service Details: Additional details required when serving a corporation, including position of person accepting service
1. Exhibit A - Served Documents: Copies or lists of the actual documents that were served
2. Exhibit B - Photographs: If applicable, photographs of the recipient or location of service
3. Exhibit C - Service Location Map: If relevant, a map showing the location where service was completed
4. Exhibit D - Server Credentials: If required, copies of process server's professional credentials or license
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Litigation Support
Risk Management
Court Services
Document Management
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Process Server
Legal Assistant
Paralegal
Lawyer
Court Clerk
Legal Secretary
Litigation Support Specialist
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Corporate Secretary
Compliance Officer
Bailiff
Collection Agent
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Commissioner of Oaths
Notary Public
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