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.