What is a General Affidavit in Canada?
24 April 2023
In Canada, a general affidavit is a written statement of fact that is sworn or affirmed under oath or affirmation before a person who is authorised by law to administer oaths or affirmations. It is a legal document that is commonly used in court proceedings and other legal matters.
The purpose of a general affidavit is to provide a formal declaration of facts, events or circumstances that are relevant to a legal case. It is typically used to support or oppose a motion or application in court, or to provide evidence in a trial.
In Canada, there are certain requirements that must be met in order for an affidavit to be considered valid. These requirements include:
- The affidavit must be in writing and signed by the person making the statement (the affiant).
- The affiant must swear or affirm that the contents of the affidavit are true and correct.
- The affidavit must be witnessed and signed by a person who is authorised to administer oaths or affirmations, like a commissioner of oaths or a notary public.
- The person administering the oath or affirmation must verify the identity of the affiant.
- The affidavit must be filed with the appropriate court or tribunal.
General affidavits can be used in a variety of legal proceedings in Canada, including civil and criminal cases, family law matters, and administrative hearings. They can be used to provide evidence on a wide range of issues, such as the circumstances surrounding a contract, the events leading up to an accident, or the details of a financial transaction.
One advantage of using a general affidavit is that it allows individuals to provide evidence without having to appear in court. This can be especially helpful in situations where the person making the statement is unable to attend court in person, such as if they live in a different province or country.
However, it is important to note that making a false statement in an affidavit is a criminal offence in Canada and can result in serious consequences. As such, it is important to ensure that the contents of an affidavit are accurate and truthful.
How do I notarize a General Affidavit?
If you need to create a general affidavit in Canada, you may want to consider using an online notary service like NotaryPro. NotaryPro is an online platform that allows you to create, sign, and notarize legal documents, including general affidavits, from the comfort of your home or office.
One of the benefits of using NotaryPro is that it can save you time and money. Instead of having to travel to a physical location to have your affidavit notarized, you can complete the entire process online. This can be especially helpful if you live in a remote area or have a busy schedule that makes it difficult to find time to visit a notary in person.
Use NotaryPro’s online instant notary service, simply upload your document, and follow the instructions to have it notarized. The process typically involves verifying your identity through video conference, signing the document electronically, and having a notary witness and stamp the document digitally.
NotaryPro’s online notary notaries are licensed and insured professionals who are authorised to notarize documents in Canada. This means that your affidavit will be legally recognized and accepted by courts and other legal entities in Canada.
However, it is important to note that not all documents are eligible for online notarization. Some documents may still require in-person notarization. Additionally, it’s important for the client to confirm that the recipient of their document will accept digital signature and online notarizations.
How do I create a General Affidavit?
In addition to using NotaryPro’s online notary service to have your general affidavit notarized, you may also have the affidavit drafted by NotaryPro. This can be especially helpful if you are unsure about how to draft a legal document, or if you want to ensure that your affidavit is properly formatted and meets all the legal requirements.
To have NotaryPro draft your general affidavit, you would simply provide them with the relevant information and details, and they would use that information to create the affidavit on your behalf. NotaryPro’s team of legal professionals are experienced in drafting a wide range of legal documents, including general affidavits, and can ensure that your document is properly worded and formatted.
Having your general affidavit drafted by NotaryPro can save you time and ensure that your document is legally sound. It can also help to ensure that your affidavit accurately reflects the facts and circumstances that are relevant to your legal matter. You’ll also have the opportunity to review the final draft of your affidavit to ensure that all of the information is accurate and complete prior to having it notarized.