Affidavit Of No (Insurance) Template for Canada

An Affidavit of No Insurance is a sworn legal document that you use to formally declare under oath that you did not have insurance coverage for a specific subject matter during a particular time period. This document carries significant legal weight in Canadian courts and administrative proceedings, as it constitutes sworn testimony that can be used as evidence in various legal contexts.

When do you need this document?

You will need an Affidavit of No Insurance in several situations. Courts may require this document during litigation involving insurance disputes, personal injury claims, or property damage cases where the absence of coverage is a material fact. Insurance companies often request this affidavit during claims investigations to verify coverage gaps or when determining liability. Government agencies may require it for regulatory compliance, particularly in motor vehicle accident investigations or workers' compensation matters. You might also need this document when applying for retroactive insurance coverage or when defending against claims where your insurance status is questioned.

Key legal considerations

The most critical aspect of this document is that it constitutes sworn testimony under penalty of perjury. You must ensure that all statements are completely accurate and truthful, as providing false information in an affidavit can result in criminal charges for perjury or contempt of court. The document must clearly identify the specific subject matter and time period for which you are declaring no insurance existed. You should include detailed information about any efforts made to obtain insurance or any lapses in coverage. The affidavit must be witnessed by an authorized official, and you may need to provide supporting documentation such as correspondence with insurance companies or policy cancellation notices.

Legal requirements in Canada

Under the Canada Evidence Act and provincial evidence legislation, affidavits must meet strict formal requirements to be admissible in legal proceedings. You must sign the document in the presence of a Commissioner of Oaths, Notary Public, or other authorized official who can administer oaths. The document must include your full legal name, current address, and occupation. Provincial requirements may vary regarding specific language, formatting, and witnessing procedures, so you should verify local requirements in your jurisdiction. The affidavit must clearly state that you are making the declaration under oath or solemn affirmation, and it should include the date and location where it was sworn. Some provinces may require additional elements such as specific oath language or particular formatting for court filings.