Affidavit Of Plaintiff Template for Canada

An Affidavit of Plaintiff is a sworn statement that allows you, as a plaintiff in legal proceedings, to present facts and evidence to the court in written form. This document carries the same legal weight as oral testimony and must be prepared with careful attention to accuracy, as making false statements constitutes perjury under Section 131 of the Criminal Code of Canada.

When do you need this document?

You'll need an Affidavit of Plaintiff when filing initial court applications, seeking interim orders such as injunctions or restraining orders, or supporting motions for summary judgment. This document is essential when presenting evidence for urgent court applications where immediate judicial intervention is required. You may also need it during enforcement proceedings, when responding to applications brought by defendants, or when providing supporting evidence for various procedural motions throughout your litigation.

Key legal considerations

Your affidavit must be based on personal knowledge or clearly identify when statements are made on information and belief. Each paragraph should contain only one fact or allegation, numbered consecutively for easy reference. You must attach any supporting documents as exhibits, properly marked and referenced within your affidavit. Be aware that anything you swear to can be used for cross-examination purposes if your case proceeds to trial. The document becomes part of the permanent court record and must comply with specific formatting requirements, including proper court headings, case numbers, and party identification.

Legal requirements in Canada

Under the Canada Evidence Act and Federal Courts Rules, your affidavit must be sworn before an authorized commissioner for oaths, notary public, or other qualified official. Provincial variations may apply depending on your jurisdiction, so verify local requirements with your provincial Notaries Act. The document must be prepared in either English or French, as guaranteed under the Official Languages Act for federal court proceedings. You must sign the affidavit in the presence of the commissioning officer, who will also sign and affix their official seal. Some provinces require specific formatting, margins, and font requirements, while others have mandatory forms that must be used for certain types of applications.