Description
This Guide is designed to help you understand how to write better affidavits using excerpts from caselaw. Most examples here are taken from civil motion proceedings at the Ontario Superior Court. The rules mentioned in the Guide are from Ontario’s Rules of Civil Procedure.
It should be noted that affidavits are also used in family law hearings and criminal proceedings, as well as tribunal hearings. The reader is strongly encouraged to seek legal advice (from lawyers) to find out which rules and legislation apply in their situation.
This Guide will be divided into several sections. First, we have a brief review of what an affidavit is. This will be followed by a section on the legal rules that apply to affidavit. We will then look at what judges say in terms of what they like to see in affidavits. Each excerpt is accompanied with a commentary to give you a little context. Finally, there is an appendix that lists all of the cases mentioned in this document.
This Guide is written for beginners to the legal process, such as new lawyers and self-represented litigants. This document is intended as a general guide only. It is not legal advice.
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