Non Imputation Affidavit for Canada

Non Imputation Affidavit Template for Canada

A Non-Imputation Affidavit is a formal sworn statement commonly used in Canadian real estate and title insurance transactions, where a key representative of an organization declares under oath that they have no knowledge of undisclosed title defects, liens, encumbrances, or adverse claims affecting the subject property. The document serves as a critical risk management tool for title insurance companies and is particularly relevant in commercial real estate transactions. In the Canadian context, it must comply with provincial requirements for sworn statements and may need to address both common law and civil law considerations depending on the jurisdiction.

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What is a Non Imputation Affidavit?

The Non-Imputation Affidavit serves as a crucial document in Canadian real estate transactions where title insurance is being obtained. It is typically required when there is a change in ownership, refinancing, or significant property transaction, particularly in commercial real estate deals. The affidavit is designed to protect title insurance companies by having key individuals with authority and knowledge about the property affirm under oath that they are not aware of any undisclosed title defects, liens, encumbrances, or adverse claims that could affect the property's title. This document is especially important in situations where the title insurance company wants to ensure that knowledge of potential title issues by key individuals within an organization cannot be imputed to the title insurance policy. The affidavit must comply with provincial requirements for sworn statements and is typically executed before a commissioner of oaths or notary public.

What sections should be included in a Non Imputation Affidavit?

1. Identification of Affiant: Full legal name, position, and authority of the person making the affidavit

2. Property Description: Legal description and address of the subject property

3. Basis of Knowledge: Statement explaining affiant's role, duration of involvement, and basis for having relevant knowledge

4. Organization Information: Details about the organization/company involved, including legal name and structure

5. Core Declarations: Specific statements affirming no knowledge of undisclosed title defects, liens, encumbrances, or adverse claims

6. Document Review Confirmation: Statement confirming review of relevant documents and records

7. Verification Statement: Standard affirmation of truth and accuracy of the statements made

8. Execution Block: Signature block with notary/commissioner of oaths attestation

What sections are optional to include in a Non Imputation Affidavit?

1. Additional Party Declarations: Used when multiple parties or entities are involved and additional declarations are needed

2. Historical Operations: Include when the property has a significant operational history that needs to be addressed

3. Environmental Matters: Added when environmental concerns are relevant to the property

4. Pending Litigation: Include when there's a need to specifically address any pending or potential legal actions

5. Corporate Authority: Added when the affiant is signing on behalf of a corporation and needs to establish their authority

What schedules should be included in a Non Imputation Affidavit?

1. Schedule A - Property Details: Detailed legal description of the property and any relevant survey information

2. Schedule B - Corporate Resolution: If applicable, resolution authorizing the affiant to execute the affidavit

3. Schedule C - Supporting Documents: List of documents reviewed in preparation of the affidavit

4. Schedule D - Title Search Results: Summary of title search results referenced in the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

Banking and Finance

Insurance

Commercial Property

Legal Services

Construction and Development

Property Management

Industrial

Retail

Healthcare Facilities

Relevant Teams

Legal

Real Estate

Corporate Affairs

Risk Management

Compliance

Property Management

Executive Leadership

Corporate Secretariat

Transaction Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Corporate Secretary

Real Estate Director

Property Manager

General Counsel

Legal Counsel

Real Estate Manager

Corporate Director

Vice President of Real Estate

Risk Manager

Compliance Officer

Title Insurance Officer

Real Estate Transaction Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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