Condominium Publications

CONDOBYTE - How to Prepare Proper Proof of Service of the Notice of Owners\ Meeting

A proper proof of service regarding the service of the notice of owners\' meeting requires the completion of an Affidavit of Service, which:

  • must state of the name of the person who served the documents; 
  • must specify what documents were served by such person and must state that copies of those documents are attached to the affidavit as Exhibit "A". The documents that were served must be marked Exhibit "A" and attached to the affidavit;
  • must state on whom the documents were served, when the documents were served, what means of service was used (e.g. by mailing same by regular mail at the address of service of the owners contained in the corporation\'s records) and that such person swearing the affidavit carried out such service personally; and, 
  • must be signed by the person who served the documents before a Commissioner of Oaths (who may be a lawyer, a Notary Public or any person appointed as a Commissioner of Oaths). The Commissioner of Oaths must identify the person signing the affidavit, satisfy himself or herself as to the genuineness of the signature, and administer the oath or solemn affirmation that the contents of the affidavit are true in the presence of the person signing the affidavit (e.g. not remotely by phone or e-mail). 

A document that is missing any of the above-noted elements is not a valid Affidavit of Service and therefore does not constitute proper proof of service of the notice of owners\' meeting.

Warning: care must be taken that the affidavit is properly signed, sworn and commissioned. Every commissioner who signs the affidavit without the due administration of the oath or declaration as required under the Commissioners for taking Affidavits Act, R.S.O. 1990, Ch. C. 17 (the "Act") and any person who uses an afffidavit knowing that it was not sworn to or made in conformity with the Act, is guilty of an offence and is liable on conviction to a fine of not more than $2,000.

You may contact the writer at any time for any further advice on how to draft a valid Affidavit of Service.

 

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