Open Door Law Corporation can help you with the swearing of oaths for affidavits and statutory declarations. An ‘oath’ is a solemn promise made by an individual, signifying that they are bound in conscience to act faithfully and truthfully as they swear to do something or state that something is true. 

WHAT IS AN AFFIDAVIT?

An ‘affidavit’ is a written or printed statement of fact, made voluntarily, and confirmed by the oath or affirmation of the party making it. 

The individual swearing to the statement being made is known as the ‘affiant’. 

When an affidavit is being sworn, the affiant must answer “I do” to: “Do you, so and so, swear that the contents of this affidavit are true to the best of your knowledge, information and belief.”  

WHEN ARE AFFIDAVITS USED?

Different types of affidavits are used in different scenarios. Some examples may include:

• To present evidence in certain types of proceedings in the course of civil litigation, including chambers applications and at trial in limited circumstances
• To determine the issue of assessment of damages or of the value of goods in a civil lawsuit
• When a court’s decision is appealed, usually only written evidence is presented to the court, and sometimes this evidence includes affidavits
• Trustees, executors, administrators, and receivers, among others, are required to give affidavit evidence when submitting their accounts for review to beneficiaries and to officers of the court, such as judges, registrars, and masters

What is the difference between an Affidavit and a Statutory Declaration?

In British Columbia, oaths must be sworn and witnessed by a Commissioner for Oaths or Notary Public and are mandated by the Canada Evidence Act and the British Columbia Evidence Act.

Lawyers are commissioners by virtue of their professions. 

An affidavit is typically used for court purposes and/or to be used outside of Canada, whereas the statutory declaration is typically for non-court purposes (such as insurance loss claims) and is to be used within Canada.

Affidavits also include an ‘exhibit’, a document which supports the evidence for the statements made. An example of this is a contract attached to and incorporated in an affidavit, which can be served as evidence of the affidavit in court.