The Affidavit

At its most basic, an Affidavit is a formal way of declaring something to be true. They can be sworn or affirmed and are given "under oath" meaning that the affidavit will stand as though you gave it as evidence in court. The two most common forms we will call an "Affidavit of Service" and "Narrative."

An Affidavit of service is often a specific form based on the Board, Tribunal, of Court you are preparing it for. Each will have different requirements for service, sometimes based on the form or document served. For example, A Plaintiff's Claim in the Small Claims Court must be served personally under Rule 8.01(1) of the Rules of the Small Claims Court. *Link below for full rules. Remember that not every proof of service is an affidavit. For example in a Landlord and Tenant Board Matter, service confirmed with a certificate. A link can be found here.

Narrative affidavits are different. They allow someone to say that "On Date, at time and place I saw...." or "My name is and I am married to (person) and have a child named (name)." These are often used in proceedings with courts and tribunals where the deponent could not attend as a witness, or in written applications for things like passports or various licenses.

Affidavits in Ontario are sworn before Commissioners of Oaths or Notaries Public. If you are in Windsor, and have questions about Affidavits, call 519-564-3242 or email Jon at jon.a.sparling@gmail.com

*https://www.ontario.ca/laws/regulation/980258