Affidavit Of Withdrawal Template for Canada

When you need to formally withdraw a legal document, application, or claim in Canada, an Affidavit of Withdrawal provides the official sworn statement required by law. This document creates a permanent legal record that protects you from future liability while ensuring all parties are properly notified of your withdrawal.

When do you need this document?

You'll need an Affidavit of Withdrawal when retracting court filings, administrative applications, or regulatory submissions. Common situations include withdrawing a civil lawsuit due to settlement, retracting an application for professional licensing, or formally abandoning a patent or trademark application. The document is also essential when withdrawing statements made in previous affidavits, especially if new information has come to light or circumstances have changed significantly.

Key legal considerations

Your affidavit must clearly identify the original matter being withdrawn, including specific file numbers, dates, and parties involved. The withdrawal statement must be unequivocal and leave no room for interpretation about your intentions. You must provide truthful reasons for the withdrawal, as making false statements in an affidavit constitutes a criminal offense under Section 138 of the Criminal Code of Canada. Consider potential consequences such as cost awards, impact on ongoing proceedings, and whether withdrawal requires court approval or consent from other parties.

Legal requirements in Canada

Under the Canada Evidence Act and provincial Evidence Acts, your affidavit must be sworn before an authorized commissioner of oaths, notary public, or other qualified official as defined by provincial Commissioners for Taking Affidavits Acts. The document must include your full legal name, occupation, and address, along with a standard jurat confirming you understand the consequences of making false statements. Provincial Rules of Civil Procedure govern format requirements, including specific court headings and filing procedures. Some withdrawals may require court approval or notice to other parties, particularly in ongoing litigation where your withdrawal could prejudice other parties' rights.