Affidavits

Affidavit Commissioning by a Lawyer

An affidavit is your evidence in writing: facts you swear or affirm to be true, signed in front of a commissioner for taking affidavits, then filed with a court, tribunal or institution. Judges decide cases on affidavits, which is why the formalities matter so much, and why having yours commissioned by a practising Ontario lawyer is a quiet advantage. I commission affidavits for family, civil, small claims, estates and administrative matters at my Mississauga office, at your location, or by video where the receiving court or body permits remote commissioning.

What affidavits do you commission?

1

Family law affidavits

including financial statements and Form 35.1 parenting affidavits

2

Small Claims Court and Superior Court affidavits and affidavits of service

3

Estate affidavits

execution of wills, surviving spouse, applications for probate support

4

Affidavits for landlord and tenant, licensing and tribunal matters

5

Immigration and consular affidavits, including sworn sponsorship and identity evidence

5

Business affidavits:

officer certificates, sworn account statements, trademark declarations

What will you check before I swear it?

The mechanical failures that get affidavits rejected or challenged: a jurat missing the place or date, exhibits mentioned but not attached or not marked, a deponent name that does not match ID, unsigned pages, or corrections made without initialling. I also make sure each exhibit gets the proper exhibit stamp, “This is Exhibit A referred to in the affidavit of…”, signed by me, because loose attachments are the classic weak point. What I do not do while commissioning is coach your evidence; the contents are yours, sworn as yours.

The rules that catch people out

Never sign the affidavit at home; the signature must happen in my presence, physical or video. Bring every page and every exhibit, since a partial document cannot be sworn. Swearing means swearing: once your name goes on it, a false statement is perjury, so read it slowly one final time before we begin. And if your matter is before a court, confirm whether that court accepts remotely commissioned affidavits for your filing; practice directions vary, and in-person remains the universally accepted default.

What does it cost and how long does it take?

First affidavit sworn and stamped: $39 . Additional affidavits in the same visit: $19 each , exhibit stamps included regardless of count. Ten minutes for a standard affidavit, longer for financial statements with thick exhibit stacks. If the affidavit itself still needs writing or repairing, ask about drafting as a separate legal service when you book.

Affidavits of service, execution and identity

Three quiet workhorses deserve a mention. An affidavit of service proves documents were delivered in a court matter, and process servers and self-represented litigants alike swear them here. An affidavit of execution, sworn by the witness to a will or power of attorney, is what lets the document prove itself later, and estate lawyers send their witnesses to me for exactly this. An affidavit of identity ties together mismatched records for courts and registries. Each takes minutes; each fails loudly when the formalities are sloppy, which is the reason to swear them with a lawyer.

FAQ's

Frequently Asked Questions

Can you commission an affidavit prepared by my own lawyer?

Absolutely, this is routine. Your lawyer drafts, I administer the oath and complete the jurat, you file. Bring their signing instructions if any pages need special handling.

I already signed it. Can you still stamp it?

Not as signed. We reprint or strike and re-execute the signature page so the signing genuinely happens before me. Bring an electronic copy or the file name and reprinting takes two minutes.

Does an affidavit need my ID even though my lawyer knows me?

Yes. I verify every deponent’s identity myself with valid government photo ID; that verification is part of what my stamp asserts.

Can two deponents swear one affidavit?

Each deponent swears their own facts, so joint documents are set up with separate signature and jurat blocks, or better, as two affidavits. I will format whichever your filing requires.

Are video-sworn affidavits accepted by Ontario courts?

Frequently, under O. Reg. 431/20 and the courts’ own practice directions, but acceptance is court-specific and filing-specific. Tell me the court and I will confirm before we book a video slot; when in doubt we swear in person and the question disappears.

What exactly is a jurat?

The short block at the end of a sworn document reading “Sworn (or affirmed) before me at Mississauga, this date”, followed by my signature and stamp. It is the legal proof the oath happened, which is why an incomplete jurat can sink an otherwise perfect affidavit.

Evidence ready for filing, formalities beyond argument