What is an Affidavit?

An affidavit is the written equivalent of giving oral evidence under oath. The person taking the oath is called the “deponent” or “affiant”.

An affidavit should describe facts that are relevant to the purpose of the affidavit. An affidavit is usually made in the context of court proceedings.

In some cases, 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.

See Rules of Civil Procedure, RRO 1990, Reg 194, s 4.06, <>, for the basic requirements of affidavits in Ontario civil proceedings. 

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
  • statutory declarations confirming marital status

A notary public can commission an oath or solemn declaration for any statutory declaration or affidavit.

Featured Notaries Public

Toronto Notary Public

Located at Yonge and Finch in North York

Sentharagai Sivanesan
28 Finch Ave West
Suite 208
Toronto, Ontario M2N 2G7

Close to Public Transit, Close to Subway, Free Parking, Open Daytime.

Toronto Notary Public

King & Bay

David Mrejen
100 King St. West
Suite 5700
Toronto, Ontario M5X 1C7

Close to Public Transit, Close to Subway, Open Daytime, Open Late, Open Weekends.

Toronto Notary Public

Dufferin St and Highway 401 in North York

Andrew Hardie Ballantyne
3500 Dufferin Street, Suite 400
Toronto, Ontario M3K 1N2

Close to Public Transit, Close to Subway, Free Parking, Open Daytime, Open Weekends, Wheelchair Accessible.