The Form 11A Affidavit for Jurisdiction is a one-page sworn statement you file in Ontario’s Small Claims Court to prove your case belongs in the court location you chose, and you need it when every defendant in your claim was served outside that court’s territorial division. Without it, the clerk cannot note those defendants in default, which means you cannot move toward a default judgment when they ignore your claim.
Before going further, a quick boundary. A different Form 11A exists under Ontario’s Rules of Civil Procedure as an Order to Continue, used in Superior Court when a party’s interest transfers through death, bankruptcy, or assignment. That is a separate document for a separate court. Everything below is about the Small Claims Court version.
When Form 11A Is Required
You only need this affidavit in one situation: every defendant was served with the claim outside the territorial division of the Small Claims Court where you filed. Rule 11.01(3) of the Rules of the Small Claims Court says the clerk cannot note any defendant in default in that scenario until you prove the action was properly brought in that territorial division, either through a filed Affidavit for Jurisdiction or evidence before a judge.1Government of Ontario. O. Reg. 258/98: Rules of the Small Claims Court
If even one defendant was served inside the court’s territorial division, skip the form. Your Affidavit of Service covers it, and the clerk can note the remaining defendants in default on that basis alone.
You can also file Form 11A proactively, at the time you file your claim, if you are unsure whether the court location is proper. That is optional. The advantage of doing it early is that the clerk can flag any jurisdiction problem before you spend months waiting for the defence deadline to run out.2Government of Ontario. Making a Claim – Guide to Procedures in Small Claims Court
Picking the Right Jurisdictional Basis
Form 11A asks you to check one of three boxes drawn from Rule 6.01. Those are the only grounds for filing in a particular territorial division:
- The event giving rise to the claim took place in that territorial division.
- The defendant lives or carries on business in that territorial division.
- The court is the one sitting nearest to where the defendant lives or carries on business.
Pick the one you can actually support with facts. If the defendant lives in Ottawa but you signed a contract and the breach happened in Toronto, filing in Toronto works because the cause of action arose there; you would check the first box, and the Ottawa service address triggers the Form 11A requirement at the default stage. If a judge later reviews the file and your stated basis does not match the circumstances, the default can unravel.1Government of Ontario. O. Reg. 258/98: Rules of the Small Claims Court
Completing the Affidavit
The form is a downloadable Word document from the Ontario Court Services website.3Ontario Court Services. Form 11A – Affidavit for Jurisdiction It has three substantive sections plus the jurat at the bottom.
The first section asks who you are. State whether you are the plaintiff or the plaintiff’s representative, and give the plaintiff’s name. A paralegal or lawyer acting on your behalf is identified as the representative.
The second section is pre-filled. It states that the affidavit is being made to support a request to note the defendant in default where all defendants have been or will be served outside the court’s territorial division, and it cites Rule 11.01(3). You do not have to write anything here.
The third section is where you check the jurisdictional box. One option, matching one of the three Rule 6.01 grounds above. Check only the option that applies.4Ontario Court Services. Form 11A: Affidavit for Jurisdiction (Template)
The form carries a warning in bold that it is a criminal offence to knowingly swear or affirm a false affidavit. Everything you state has to be true to the best of your knowledge.
Swearing or Affirming the Affidavit
The form is not valid until you swear or affirm it before a commissioner for taking affidavits. The jurat gives you three options.
In person: you appear before the commissioner, who signs after administering the oath or affirmation. Fill in the city or town, the county or regional municipality, and the date.
By video conference, same city: if you and the commissioner are in the same city or town, the affidavit can be sworn remotely under Ontario Regulation 431/20. Fill in your name, location, and the date.
By video conference, different cities: both locations are recorded on the form along with the date.
Under the Commissioners for Taking Affidavits Act, the commissioner has to verify the genuineness of your signature and administer the oath or affirmation before signing.5Government of Ontario. Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 Lawyers, paralegals licensed by the Law Society of Ontario, and various government officials can act as commissioners. Court clerks at Small Claims Court offices can also commission documents, typically at no charge.
Use the jurat block that matches how you actually swore the affidavit. Using the in-person block for a remote commissioning makes the affidavit defective.
Filing the Package
Form 11A is filed at the Small Claims Court office where you filed your claim. It travels with two other documents, and the clerk needs all three to process a default request:
- Form 9B, Request to Clerk. This is your formal request asking the clerk to note the defendant in default.
- Form 8A, Affidavit of Service. One for each defendant, proving the claim was served. The person who actually handed over or mailed the documents swears it, not you, unless you served the claim yourself.
- Form 11A, Affidavit for Jurisdiction. Required only when all defendants were served outside the territorial division.
You can file in person, by mail, or through the Small Claims Court Submissions Online Portal.2Government of Ontario. Making a Claim – Guide to Procedures in Small Claims Court There is no separate fee for Form 11A. Fees come later, at the default judgment stage: $94 for an infrequent claimant or $128 for a frequent claimant, meaning someone who has already filed ten or more claims in the same court office that calendar year.6Government of Ontario. O. Reg. 332/16: Small Claims Court – Fees and Allowances
Timing matters. At least 20 days must have passed since the claim was served, and the defendant must have failed to file a defence, before you can request a default notation.
Mistakes That Send You Back to the Start
Checking the wrong jurisdictional basis is the most consequential error. If you indicate the cause of action arose in the territorial division but it actually happened elsewhere, the clerk or a reviewing judge can reject the affidavit. Confirm which territorial division you filed in and verify that at least one of the three Rule 6.01 grounds genuinely applies before you sign anything.
Forgetting to have the affidavit commissioned is the second common stumble. An unsigned or unsworn Form 11A is just a piece of paper. Confirm the commissioner has completed the jurat, including the date and location, and that the jurat block matches how you swore the affidavit.
Filing Form 11A on its own, without Form 9B and the Form 8A affidavits of service, means the clerk cannot process the default request. Treat the three documents as a single package. Missing any one of them sends you back to the starting line.