Affidavits for Court Ontario
How to prepare sworn statements for Ontario courts, what to include, and how to get them properly commissioned
What Is an Affidavit?
An affidavit is a written statement of facts that you swear or affirm to be true. When you sign an affidavit before a commissioner of oaths or notary public, you’re making a legally binding statement under oath – the same as testifying in court. Making false statements in an affidavit is perjury, a criminal offence. Courts accept affidavits because the oath requirement and legal consequences create reliability that unsigned statements don’t have.
Affidavits are used throughout Ontario’s legal system in Small Claims Court, Superior Court, the Landlord and Tenant Board, and various tribunals. They serve as evidence when witnesses cannot appear in person, support motions and applications, and provide sworn statements of facts that courts rely on when making decisions. Properly prepared affidavits follow specific formatting rules and must be commissioned correctly to be accepted. If you need document verification rather than a sworn statement, see our guide to certified true copies instead.
When You Need an Affidavit
Courts and tribunals require affidavits in specific procedural situations. Understanding when sworn statements are necessary helps you prepare appropriate evidence for your matter.
Motion Materials
When you bring a motion asking the court to make an order, the facts supporting your request must be presented in affidavit form. The responding party also files affidavits with their version of events. Judges decide motions based largely on these competing sworn statements. Our Small Claims Court forms hub covers related filing requirements.
Application Proceedings
Applications – proceedings decided without a full trial – rely on affidavit evidence rather than live testimony. Divorce applications, estate matters, and judicial review proceedings typically proceed entirely on affidavit evidence.
Witness Evidence
When a witness cannot attend a hearing, their evidence can sometimes be submitted by affidavit. This is common when witnesses live far away, have medical limitations, or when the evidence is uncontested and live testimony would be unnecessary.
Service Affidavits
When you serve legal documents on another party, you may need to file an affidavit of service proving when, where, and how service occurred. This confirms the other party received the documents and procedural requirements were met.
Default Proceedings
When the other party doesn’t respond to your claim, obtaining default judgment often requires an affidavit setting out the facts of your case and the damages claimed. The court relies on your sworn statement since no one is contesting.
Tribunal Proceedings
The Landlord and Tenant Board, Human Rights Tribunal, and other administrative tribunals accept affidavit evidence for various purposes including supporting adjournment requests, establishing facts, and providing witness statements. For help with LTB applications and notices, see our forms hub.
Structure of an Affidavit
Properly formatted affidavits follow a standard structure courts expect
Style of Cause
The heading identifies the court, court file number if assigned, and the parties. This must match the style of cause used in all other documents in the proceeding. Incorrect formatting or party names can result in rejection.
Title
The document is titled “Affidavit of [Your Full Legal Name]” and may indicate its purpose, such as “Affidavit of Service” or “Affidavit in Support of Motion.” The title helps courts quickly identify the document’s purpose and who is making the statement.
Introduction
The opening paragraph identifies you, your city of residence, and your relationship to the proceeding – whether you’re a party, witness, or other involved person. If you have personal knowledge of the facts, this is stated here.
Numbered Paragraphs
The body contains numbered paragraphs, each stating a single fact or related group of facts. Paragraphs should be clear, specific, and limited to facts within your personal knowledge. Avoid conclusions, arguments, or opinions unless specifically permitted.
Exhibits
Documents referenced in your affidavit are attached as exhibits and marked alphabetically (Exhibit A, Exhibit B, etc.). Each exhibit requires an exhibit stamp signed by the commissioner. References in the text say “attached hereto as Exhibit A” to connect statements to supporting documents.
Jurat
The concluding section where you sign before the commissioner. This includes the date, location, your signature, and the commissioner’s signature, stamp, and statement confirming the oath was properly administered.
Preparing Your Affidavit
Steps to create an affidavit ready for commissioning
Identify Required Content
Determine what facts you need to establish for your motion, application, or evidentiary purpose. Review court rules or the form requirements to understand what information must be included. If responding to another affidavit, address the relevant facts raised.
Draft the Content
Write clear, factual statements in numbered paragraphs. Stick to facts you personally know or observed. If including information from other sources, identify how you know it. Avoid arguments, conclusions, or emotional language – save advocacy for your written submissions.
Gather Exhibits
Collect documents you’ll reference: contracts, correspondence, photographs, receipts, medical records, or other evidence. Organize them in the order referenced. Each document becomes a separate exhibit with its own exhibit stamp.
Format Correctly
Use proper formatting: style of cause matching your proceeding, numbered paragraphs, exhibit references, and signature space. Leave the jurat section blank – you’ll sign at your commissioning appointment. Do not sign before meeting with the commissioner.
Common Affidavit Mistakes
These errors can result in your affidavit being rejected, struck from the record, or given reduced weight by the court.
→ Signing Before the Appointment
The fundamental requirement is that you sign in the commissioner’s presence. Pre-signed affidavits cannot be commissioned. You must bring the document unsigned and sign during the appointment.
→ Including Hearsay Improperly
Affidavits should contain facts within your personal knowledge. If including information from others, identify the source and basis for your knowledge. Improperly included hearsay may be struck or given no weight.
→ Argument Instead of Facts
Affidavits present facts, not legal arguments or conclusions. Statements like “the defendant is clearly liable” are argument. State the facts and let your submissions make the legal arguments.
→ Missing Exhibit Stamps
Every exhibit must have an exhibit stamp signed by the commissioner, connecting it to your affidavit. Unstamped exhibits may be rejected or disconnected from your sworn testimony.
→ Incorrect Style of Cause
The court name, file number, and party names must exactly match other documents in your proceeding. Inconsistencies create confusion and may result in rejection.
→ Vague or Conclusory Statements
Specific facts are more persuasive than general statements. “The landlord harassed me” is conclusory. “On March 15, 2025, the landlord knocked on my door six times between 11 PM and 2 AM” is factual and specific.
The Commissioning Appointment
What happens when you meet with a commissioner of oaths or notary to swear your affidavit.
Identity Verification
The commissioner checks your government-issued photo ID to confirm you are the person named in the affidavit. This is a legal requirement – commissioners cannot administer oaths to unidentified individuals.
Document Review
The commissioner reviews your affidavit to ensure it’s properly formatted and ready for commissioning. They confirm the document is unsigned and that you’re the person making the statement. Commissioners don’t provide legal advice about content but may note obvious formatting issues.
Administering the Oath
The commissioner asks whether you swear (religious oath) or affirm (non-religious) that the contents are true. You respond verbally. Both options are equally valid – choose based on your preference. The oath creates the legal obligation that makes false statements perjury.
Signing and Stamping
You sign the affidavit in the commissioner’s presence. The commissioner then signs, adds their stamp or seal, and completes the jurat confirming the oath was properly administered. Each exhibit receives an exhibit stamp with the commissioner’s signature.
What to Bring to Your Appointment
Arrive prepared for efficient commissioning
Unsigned Affidavit
Your completed affidavit with all content finalized but NOT signed. Review it carefully before your appointment—changes after commissioning require a new affidavit.
Exhibits Organized
All documents referenced in your affidavit, clearly labeled and in order. Bring originals or good quality copies. Each exhibit needs stamping, so organization saves time.
Government Photo ID
Valid, current government-issued photo identification. Passport, driver’s licence, or Ontario Photo Card. The name must match the name on your affidavit.
Payment
Commissioning fees vary based on affidavit length and number of exhibits. Confirm pricing when booking. Complex affidavits with many exhibits take longer and cost more than simple single-page documents.
Common Questions About Affidavits
What’s the difference between swearing and affirming?
Swearing is a religious oath, typically ending with “so help me God.” Affirming is a non-religious alternative with identical legal effect. Choose based on personal preference—courts treat both equally. The commissioner will ask which you prefer before administering the oath.
Can I make changes after the affidavit is commissioned?
Minor corrections can sometimes be initialed by both you and the commissioner, but substantive changes require a new affidavit. It’s better to carefully review content before your appointment. If you discover errors after filing, you may need to file a supplementary affidavit addressing the corrections.
Who can commission an affidavit in Ontario?
Lawyers, licensed paralegals, notaries public, and commissioners of oaths can commission affidavits in Ontario. For court documents staying within Ontario, any of these options works. Commissioner of oaths services are available for affidavits and statutory declarations.
How much does it cost to commission an affidavit?
Simple affidavits typically cost twenty to fifty dollars. Complex affidavits with multiple exhibits cost more due to the time required to stamp each exhibit. Contact us for pricing on your specific document.
Can I commission my own affidavit?
No. Even if you’re a lawyer, notary, or commissioner, you cannot commission your own affidavit. The requirement for an independent commissioner ensures the oath is properly administered and creates accountability for truthfulness.
What happens if I lie in an affidavit?
Making false statements in an affidavit is perjury under section 131 of the Criminal Code, punishable by up to fourteen years imprisonment. Beyond criminal consequences, courts may dismiss your case, award costs against you, or refer the matter to police. Courts take affidavit truthfulness seriously.
More Notary Guides
Certified true copies, travel consent letters for minors, Power of Attorney notarization, and other notary requirements explained.
Need an Affidavit Commissioned?
Same-day appointments available for affidavits and statutory declarations. Bring your unsigned document, exhibits, and valid ID.
Commissioner of Oaths ServicesRelated services: Commissioner of Oaths Notary Public Toronto Small Claims Court