How to Create an Affidavit of Service for the Rules of Civil Procedure

You are working under the direct supervision of a lawyer, Mr. Dean Osario, who is a brilliant litigator who has no patience with computers. Although your firm pays for third-party software that everyone normally relies on to assemble documents, the software keeps crashing every time anyone tries to open it. Your admin assistant has been trying to get ahold of the vendor's technical support, but no one is answering their telephone and email inquiries. Mr. Osario is aware that you recently completed your paralegal, and he remembers that you mentioned your ability to assemble forms related to the Rules of Civil Procedure with or without specialized software.

Your computer at work has a recent version of Word installed, and you have regular internet access. Even though it is not a huge task in the grand scheme of things at the firm, if you can accurately complete an Affidavit of Service (Form 16B) using template files from will save the day and impress your boss.

1. Read the instructions carefully; and

2. View the Midterm Video Instructions on eCentennial

1. A partially completed Affidavit of Service (Form 16B), which properly incorporates the General Heading (Form 4A) and Backsheet (Form 4C); and

2. A memo to Mr. Dean Osario.

• The word “service” describes how a legal document was officially given to a specific person. The rules about service are important because they tell us what counts as a proper way to inform someone about developments in a legal case through paperwork. An “Affidavit of Service” is a document that serves as proof that a separate legal document has been given to someone in a way that is consistent with the Rules. Even though it is just a piece of paper that is created in a law firm that could be illegitimately fabricated, it is a crime (perjury, s. 131 of the Criminal Code) to lie intentionally in an affidavit so most legal professionals will take care to ensure their affidavits only record true events.

• A sample “precedent” affidavit of service is included at the end of these instructions (“Appendix A"). You should compare the document that you create to the precedent to ensure that its formatting is similar but know that the document you create will differ in some ways because it pertains to a new situation.

• On Feb 10, 2021, a legal assistant at your firm, Jennifer Lien, effected personal service of a Statement of Claim on Brent Spiner. She approached Brent in the lobby of the InterContinental Toronto Centre Hotel, which is located at 225 Front St W, Toronto, ON, MSV 2X3 and verified his identity by asking if he is Brent Spiner

• Jennifer will be the deponent in this affidavit

• Jennifer resides in Toronto and she prefers the phrasing “MAKE OATH AND SAY” (instead of AFFIRM) in her affidavits, the signature line at the bottom-right of the jurat should be prepared for her name

• The Court File No. is CV-21-4321 (“No.” stands for “number”)

• Your client is Marina Sirtis, the plaintiff, and the defendant is Brent Spiner

• The commissioner for taking affidavits will be a legal assistant in your office, Alexander Siddig

• The affidavit of service must include a backsheet (Form 4C) that is included in the same Word document formatted as “landscape” orientation and separated from the affidavit of service by a section break (this means the entire completed document will be contained in one file).