Affidavit Of Forgery Template for Canada

When you discover that someone has forged your signature or created fraudulent documents in your name, an Affidavit of Forgery becomes your primary legal tool to formally contest the unauthorized activity. This sworn statement serves as official evidence that you did not authorize the signature or document in question, protecting you from liability and supporting your case in legal proceedings.

When do you need this document?

You will need an Affidavit of Forgery when banks notify you of suspicious transactions, when you discover unauthorized signatures on contracts or legal documents, or when credit card companies identify fraudulent charges. Financial institutions often require this affidavit to process disputes and reverse unauthorized transactions. Insurance companies may also request this document when investigating claims related to forged documents. Law enforcement agencies frequently use these affidavits as evidence in criminal investigations involving identity theft or document fraud.

Key legal considerations

Your affidavit must include specific details about the allegedly forged document, including dates, amounts, and identifying information. You need to establish your basis of knowledge and explain how you discovered the forgery. The document should clearly state that you did not authorize the signature or transaction and that you had no knowledge of its creation. Include any steps you have taken to investigate the matter and report it to relevant authorities. Be prepared to provide supporting evidence such as handwriting samples, alibi information, or documentation proving you were not present when the document was allegedly signed. Remember that making false statements in an affidavit constitutes perjury under Canadian law.

Legal requirements in Canada

Under the Criminal Code of Canada, forgery is defined in sections 366-368, which govern how alleged forgeries must be documented and reported. Your affidavit must comply with the Canada Evidence Act requirements for sworn statements, including proper formatting and notarization. Provincial Notaries Acts determine who can authenticate your affidavit, typically requiring a Commissioner of Oaths, Notary Public, or other authorized official. The Bills of Exchange Act applies when the forgery involves negotiable instruments like checks or promissory notes. You must sign the affidavit in the presence of the notarizing official and provide proper identification. The document becomes part of the legal record and can be used in both civil lawsuits and criminal prosecutions related to the forgery allegations.