What is an Affidavit in Canada?

What is an Affidavit? 

An affidavit is a written statement that serves as an oath in writing. Affidavits are commonly used in a court of law to outline the facts of a case. The person writing the affidavit is called an “affiant”. By signing their affidavit, the affiant claims that the information within it is true and that they have personal knowledge of that information. 

An affidavit is legally binding evidence and must be sworn or affirmed to be true before an authorized official, like a notary public. Wondering why notarization is important for affidavits and other documents? Check out our blog post.

What is a General Affidavit? 

A general affidavit is a document that contains a sworn statement of facts made by an affiant, related to a legal matter. It’s used in various legal proceedings in Canada, including family law cases, civil and criminal matters, and administrative hearings. This document must be notarized by an authorized official, like a notary public or lawyer. 

A general affidavit is used as evidence in many situations, such as recounting the events leading up to an accident, circumstances around a contract, or details of a transaction. One advantage of a general affidavit is it enables individuals to submit evidence without physically appearing in court. This is particularly helpful when someone cannot attend court because they reside in a different province. 

Importantly, making a false statement in an affidavit is a criminal offence in Canada; it’s critical to ensure that the contents of an affidavit are truthful and accurate. 

When Do You Need an Affidavit?

You can require an affidavit for many different reasons, including estate planning, family law, name change, and more. Without an affidavit, certain legal documents may not be considered valid, and proving their validity is more difficult.

Whether you need to verify a marriage, claim an asset, or make a formal statement in court, creating an affidavit is easy. We offer a free, general affidavit template for your convenience. You can also browse our extensive library of free customizable affidavits to find something more specific.

Common Types of Affidavits 

Many significant life events have an affidavit associated with them. From getting married or divorced, to changing your name, to buying a car — or even applying for student financial support may require an affidavit. Below are the most common affidavits used in Canada:

1. Affidavit of Vehicle Ownership: To provide evidence of ownership when an original bill of sale for a vehicle is lost or unavailable.
2. Affidavit of Divorce: In Ontario, when filing a joint application for divorce, both you and your spouse must complete an affidavit of divorce (also called Form 36).
3. Affidavit in Support of Claim for Custody or Access: If you’re seeking custody of or access to your children, you will need to fill out an this affidavit (also called Form 35.1).
   
4. Affidavit of Execution: An affidavit of execution is signed by one of the witnesses present at the signing and witnessing of your Will. It confirms that they were at the singing, and grants your executor the legal authority to carry out the wishes your will.
5. OSAP Affidavit: In certain situations, Ontario Student Assistance Program (OSAP) requires you to submit an affidavit confirming details about your application like your marital or financial status.
6. Affidavit of Service: To prove to the judge that you have served your spouse with the forms you wish to file. You must file this form every time you serve your spouse a form.
7. Affidavit of Support: To demonstrate financial support for a student’s educational expenses. It serves as a guarantee that the affiant will financially support the student’s education during their academic pursuits.

Get Your Affidavit Notarized Online in 7 Minutes

Whether you need to declare single status, apply for OSAP, or claim the ownership of a vehicle, we have you covered. You can draft an affidavit in minutes using our free templates — and have it notarized online, from the comfort of your home or office. Simply choose a free affidavit template and select the notarize option to get started!

Want assistance drafting your affidavit? Our trusted professionals offer Expert Document Drafting to give you a helping hand. Expert Document Drafting offers added piece of mind, so you can ensure avoid hiccups related to document drafting.