Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
5.09 (1) Service of a document may be proved by an affidavit of the person who served it in Form 7.
Sheriff’s Certificate
(2) Personal service or service under subrule 5.03(4) (service at place of residence) of a document by a sheriff or sheriff’s officer may be proved by a certificate of service in Form 8.
Solicitor’s of Record Admission or Acceptance
(3) A solicitor of record’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.
Document Exchange
(4) Service of a document under paragraph 5.05(1)(c) (document exchange) may be proved by the date stamp on the document or a copy of it.
Electronic Service
(5) Service of a document under subparagraph 5.01(5)(b)(iii) or paragraph 5.05(1)(e) may be proved by a certificate of service of the person who served the document stating that he or she:
(a) has served the document by emailing a copy in accordance with subparagraph 5.01(5)(b)(iii) or subrule 5.05(4) and has received an acceptance of service, with the date and time of the acceptance;
(b) has sworn an affidavit of service containing the particulars set out in the certificate of service;
(c) has kept the affidavit of service; and
(d) will produce, at the request of the court or a party, the affidavit of service.
- SI/2014-5, ss. 5, 33(E)
- Date modified: