DocumentsAffidavit (General) for Canadian Legal Proceedings or Applications
Affidavit (General) for Canadian Legal Proceedings or Applications
Need help writing an affidavit? If you’re involved in a Canadian legal proceeding and require a notarized custom affidavit, you’re in the right place.
A general affidavit is a legal document that is used to provide evidence in court or to support other legal proceedings. The contents of an affidavit must be true, accurate, and complete to the best of the affiant’s (the person swearing the affidavit) knowledge and belief. A general affidavit can be used in various legal matters, such as:
- civil litigation,
- family law,
- Canadian immigration,
- and more
Affidavit
NotaryPro’s online document creator is designed to make the process of drafting and notarizing your custom general affidavit as easy and convenient as possible. Instead of having to make an appointment with a notary public and spend hours drafting a document on your own, you can complete the entire process online from the comfort of your own home.
What is a general affidavit in Canada?
An affidavit in Canada is a legal document that contains a sworn statement of facts relevant to a particular legal matter. It is used as evidence in court or to support other legal proceedings. An affidavit template may be used to help you create a customized document for your legal proceedings.
It’s important to note that oaths in the country of Canada are required when providing a solemn affirmation or making a sworn statement. When someone signs an affidavit, they are doing so under oath in the presence of a notary public or another person who is authorized to administer oaths, like a commissioner of oaths.
How do I customize my affidavit?
A general affidavit in Canada should include all the necessary information to support the legal matter at hand. The information should be true, accurate, and complete to the best of the your knowledge and belief. Here are some of the key elements that should be included:
- The heading: This should state the name of the court or administrative tribunal, the name of the case or application, and the name of the person who swore the affidavit.
- The date and place of the affidavit: This should be stated at the beginning of the document, and should include the city, province or territory.
- An introduction: This should include the person who swore the affidavit’s full name, address, occupation, and relationship to the others involved.
- The body of the affidavit: This is where you’ll write a include a clear and concise statement of relevant facts. The facts should be organised in a logical manner and should be supported by any available documentation or evidence. A good affidavit has all the information a judge needs to make a decision.
- A statement of the affiant’s (the person swearing the affidavit) belief in the truth of the information provided: After you finished stating your facts and beliefs, this statement may appear as something like, “I swear (or affirm) that the contents of this affidavit are true to the best of my knowledge and belief.”
- The signature of the person swearing the affidavit: After a person creates an affidavit, it should be signed in the presence of a notary public or commissioner of oaths (commissioner authorized to administer oaths).
- The signature of the notary public or commissioner of oaths: This person is authorized to administer oaths, and will certify that the affidavit was sworn or affirmed before them.
The specific requirements may vary depending on the nature of the legal matter and the rules of the court or administrative tribunal involved. It is always advisable to seek legal advice or guidance from a qualified professional when dealing with legal matters that require an affidavit.
What is the difference between an Affidavit and a Statutory Declaration in Canada?
An affidavit is a written statement of fact that is sworn or affirmed to be true. It is typically used in legal proceedings and is subject to the rules of evidence in court.
A statutory declaration is also a written statement of fact that is declared to be true. It is typically used outside of court, such as in administrative matters or for the purposes of obtaining government services.
Both statutory declarations and affidavits must be signed and witnessed by a commissioner of oaths or a notary public.
When is an affidavit required in Canadian law?
This document may be required in Canadian law to support various legal proceedings, such as civil litigation, family law, immigration applications, and more. It may be used to provide evidence or to support an application or claim.
- Civil Litigation: In civil litigation, parties may be required to provide affidavits to support their claims or defences. For example, a party may need to provide a sworn statement of the damages they have suffered as a result of the someone’s actions.
- Family Law: In family law matters, affidavits may be required to support applications for custody, access, or child support. For example, a parent may need to outline their relationship with the child and why they are seeking custody or access.
- Immigration Applications: Affidavits may be required to support various immigration applications, such as spousal sponsorship or permanent residency. For example, a Canadian citizen sponsoring their spouse for immigration may need to provide a written statement about the nature of their relationship and/or marital status and their plans for living together in Canada.
- Criminal Proceedings: In criminal proceedings, affidavits may be used to support various applications, such as bail or search warrants. For example, a police officer may need to provide an affidavit outlining the grounds for a search warrant.
- Administrative Law: In administrative law, affidavits may be required to support applications or appeals before administrative tribunals. For example, a person appealing a decision by the Canada Revenue Agency or the Goverment of Canada may need to provide the relevant facts and their arguments in writing.
In general, an affidavit may be required whenever it is necessary to provide evidence or support for a legal proceeding. The specific requirements may vary, so it’s always a good idea to speak with a lawyer or other legal professional about your unique case.
Frequently Asked Questions
How long is an affidavit valid in Canada?
Generally, an affidavit remains valid until the conclusion of the legal proceedings it is being used for.
However, the validity of an affidavit in Canada dependents on the nature of the legal matter it is being used for.
How should an affidavit be signed and witnessed?
Canadian affidavits should be signed in the presence of a notary public or commissioner of oaths.
A notary public or commissioner of oaths will verify the affiant’s signature and administer an oath or affirmation that the contents of the affidavit are true.
Is NotaryPro’s online drafting & notary service legally recognized?
Yes, NotaryPro’s documents are legally recognized.
NotaryPro’s documents have been accepted by authorities all over the world, including the Canadian Federal Govnerment and Ontario Provincial Courts.
Is NotaryPro’s online drafting & notary service secure?
Yes, NotaryPro uses the latest encryption technology.
Your personal information and documents are subject to the highest level of digital security, and we ensure that your documents are notarized in compliance with all applicable Canadian laws and regulations.
How much does it cost?
It’s free to create your document, although we do offer online notarization for a small fee.
That’s right! Creating your document comes at no cost to you, but if you would like to notarize it at the same time, we’re happy to help. Please find our detailed prices here.
What are affidavits most commonly used for?
The top 5 most commonly requested affidavits in Canada:
- Affidavit of Name Change: If you’ve recently been married, divorced, or formally changed your name, this affidavit serves as additional verification of your name change.
- Affidavit of Divorce: In Ontario, when filing a joint application for divorce, both you and your spouse must complete an Affidavit for Divorce (Form 36).
- Affidavit in Support of Claim for Custody or Access: If you are seeking custody of or access to your children, you will need to fill out an Affidavit in Support of Claim for Custody or Access (Form 35.1).
- Affidavit of Execution: An affidavit of execution is a specific type of affidavit one of your witnesses signs to confirm they were present for the signing and witnessing of your Will.
- OSAP Affidavit: In certain situations, OSAP, the Ontario Student Assistance Program, requires you to submit an affidavit confirming details about your application like your marital or financial status.