An affidavit is a written statement of fact that the person making it swears or affirms to be true. In Ontario, affidavits are often used in legal and administrative proceedings where a formal declaration of the truth is required. They are signed under oath in front of a commissioner for taking affidavits or a notary public, who confirms the identity of the individual and witnesses the signature.
Affidavits serve as critical evidence in many legal contexts. They are commonly used in court proceedings—such as small claims, civil disputes, and family law cases—when a person needs to present facts without testifying in person. In such cases, affidavits can detail timelines, statements, or supporting information that help strengthen a case. Courts rely on these documents to assess the truth of a matter without requiring direct testimony from every individual.
Outside of court, affidavits are also required for various government and administrative purposes. For example, if you’ve lost an official document—such as a passport, driver’s license, or vehicle title—you may need to swear an affidavit to explain the loss before a replacement can be issued. They are also used for statutory declarations, confirming details such as marital status, residency, or financial information for legal or bureaucratic purposes.
In the real estate world, affidavits are essential during property closings, particularly for confirming spousal status, legal name changes, or proof of identity. These documents help ensure that all parties involved in the transaction meet the legal requirements and prevent delays in closing.
Because affidavits carry the same legal weight as testimony in court, accuracy is critical. Intentionally making a false statement in an affidavit is considered perjury, a serious criminal offence. That’s why it’s important to have a lawyer review or help draft your affidavit. A legal professional will ensure that the wording is clear, factual, and that the affidavit complies with Ontario laws—helping to avoid delays, disputes, or challenges to your statement.