Affidavits and Statutory Declarations
What is an Affidavit?
An affidavit is the written equivalent of giving oral evidence under oath by the "deponent", who is the person who makes the affidavit. It is a written description of facts that is sworn or solemnly declared to be true. An affidavit is usually made in the context of court proceedings. Hearsay evidence is allowed as long as the source of the deponent's information is identified, and the deponent takes an oath that he/she believes the evidence is true.
What is a Statutory Declaration?
A statutory declaration is similar to an affidavit, except it is usually drafted for purposes other than court proceedings. It is a solemn declaration authorized by the Canada Evidence Act and the Ontario Evidence Act and is used to assert the truth of any fact or facts or of any account rendered in writing. The declaration is of the same force and effect as if made under oath and therefore has value as evidence.
Some common statutory declarations are:
statutory declarations confirming identity
statutory declarations confirming a document has been lost or stolen
statutory declarations regarding the ownership of property, and
statutory declarations confirming marital status.
