How to Create an Affidavit

A Step-by-Step Guide

Creating an affidavit is a process that requires careful attention to detail and a thorough understanding of the legal requirements.

Below is a step-by-step guide on how to create a legally valid affidavit in Ontario.

1. Understand the Purpose of the Affidavit

The first step is to understand why the affidavit is needed. Affidavits are sworn statements of facts that are used in a wide variety of legal and administrative processes, including court cases, property transfers, financial applications, and more. Before drafting, clearly identify the purpose of the affidavit, as this will guide the content you include.

2. Gather Relevant Information and Evidence

Before you begin drafting the affidavit, gather all the information and documentation you need to support the statements you will make. This could include:

• Personal identification (e.g., government-issued ID)
• Financial records (e.g., bank statements, receipts)
• Contracts or agreements
• Correspondence (e.g., emails, letters)
• Witness statements
• Photographs or other visual evidence
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Having this information at hand will ensure that the affidavit is accurate and complete.

3. Start with a Title

The affidavit should have a clear and descriptive title. The title should include the word “Affidavit” and briefly describe its purpose. For example:

• Affidavit of John Smith in Support of Motion for Summary Judgment
• Affidavit of Jane Doe Regarding Property Ownership
• Affidavit of Financial Status for OSAP Application

4. Identify the Affiant (Yourself)

The affidavit should begin by identifying the person making the statement, known as the affiant. This section should include:

• The affiant’s full legal name
• Their address (usually home address)
• Any other relevant identifying details (such as occupation or relationship to the case)

Example:

"I, John Smith, of 123 Maple Street, Toronto, Ontario, make oath and say as follows:"

5. Write the Statement of Truth

The affidavit must contain a statement affirming that the facts provided are true to the best of the affiant’s knowledge and belief. This statement typically comes at the beginning of the affidavit, directly after the affiant's identification.

Example:

"I swear that the information contained in this affidavit is true and accurate, based on my personal knowledge and belief."

If the affidavit is affirmed rather than sworn, the language may read:

"I solemnly affirm that the information in this affidavit is true and accurate, based on my personal knowledge and belief."

6. Present the Facts in Numbered Paragraphs

The body of the affidavit should clearly present the facts, organized in numbered paragraphs for easy reference. Each paragraph should contain one fact or a group of related facts. The information should be specific, detailed, and free of assumptions or opinions.

Example:

"1. I purchased the vehicle, a 2015 Toyota Corolla, on June 1, 2020, from ABC Auto Sales."

"2. I made a down payment of $5,000 by cheque and financed the remaining balance."

"3. Attached as Exhibit A is a copy of the purchase agreement."

Using simple, concise language is key. Avoid legal jargon or overly complex sentence structures.

7. Include Exhibits if Necessary

If there are documents or other evidence that support the statements in your affidavit, you should attach these as exhibits. Each exhibit must be clearly labeled (e.g., "Exhibit A," "Exhibit B") and referenced in the relevant paragraph of the affidavit.

When attaching exhibits:

• Clearly mark each document or piece of evidence as an exhibit.
• Include a brief description of the exhibit in the affidavit text.
• Attach the exhibit at the end of the affidavit, ensuring it’s properly labeled.

Example:

"Attached as Exhibit A is a copy of the purchase agreement for the vehicle."

8. Conclude with a Statement of Truth

At the end of the affidavit, include a final statement reaffirming that the contents are true and correct. This is the final confirmation before the affiant signs the document.

Example:

"I make this affidavit in good faith and believe the facts stated herein to be true to the best of my knowledge and belief."

9. Sign the Affidavit in the Presence of a Commissioner or Notary

Once the affidavit has been written and reviewed, it must be signed in the presence of a commissioner for taking affidavits or a notary public. This official will certify that you swore or affirmed the truth of the document.

Key points:

• Do not sign the affidavit beforehand. The affiant must sign the affidavit in front of the official.
• The official will sign and stamp the affidavit, adding their own certification that the document was sworn or affirmed in their presence.

10. Add the Jurat

The jurat is the section at the bottom of the affidavit where the commissioner or notary public certifies that the affiant has sworn or affirmed the truth of the statement. The jurat includes:

• The name and title of the commissioner/notary
• The date and place where the affidavit was sworn or affirmed
• The signature and seal of the commissioner/notary

Example of a jurat:

"Sworn (or affirmed) before me, [Name of Commissioner/Notary], this [Date] day of [Month], [Year], at [City, Province]."

The commissioner/notary’s stamp or seal is typically placed next to their signature.

11. Proofread and Review the Affidavit

Before finalizing, carefully review the affidavit for errors or inconsistencies. Ensure that:

• All facts are accurately represented.
• Exhibits are correctly labelled and attached.
• Names, dates, and other details are correct.
• The document is free of spelling or grammatical errors.

12. File or Submit the Affidavit

Once the affidavit has been properly signed and notarized, it is ready for submission. Depending on its purpose, the affidavit may need to be:

• Filed with a court or government agency.
• Submitted to a legal office, business, or financial institution.
• Delivered to another party involved in the matter.
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Ensure you keep a copy for your records.

Tips for Creating a Legally Sound Affidavit

Stick to the Facts: Present only factual information drawn from your own knowledge. Steer clear of speculation, personal
opinions, or hearsay.

Be Clear and Concise: Utilize straightforward language and arrange the information in a logical manner.

Seek Legal Advice: For affidavits pertaining to intricate legal issues, consulting with a lawyer can help guarantee the document's legal integrity.

Follow Legal Requirements: Make sure all necessary formalities, including the jurat and notarization, are properly fulfilled. Failing to comply with legal requirements may invalidate the affidavit.

FAQs

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