Generally, you can prove that you served the parties in your judicial review in two ways:
- The parties file a response to petition. If the opposing party files a response to petition (a court document indicating that they are responding to your judicial review), that will prove to the court they were served properly. Opposing parties have 21 days from when you served them to file and serve you a copy of their response to petition.
- Note: if you get a response to petition form from a respondent, then you have to give them notice of the court steps for the rest of the judicial review.
- You file an affidavit of service. If the opposing party does not file a response to petition form (and they may not if they decide not to contest your judicial review), then you can prove you served them by swearing an affidavit of service. In the affidavit, you need to set out the date and time of service, and the name of the person you personally gave the documents to. You will also need a copy of the stamped documents that you served. If you need to swear an affidavit of service and you can go to the BC Supreme Court Self-Help Centre or court registry near you and ask for Court Form 15.
If you are serving a corporation at its registered office or the Attorney General by registered mail, keep copies of your registered mail receipts and tracking numbers.