The Affidavit of Indigency is a fundamental tool in the Canadian legal system designed to ensure that financial constraints do not prevent individuals from accessing the courts and legal system. This document becomes necessary when an individual cannot afford to pay court filing fees, legal costs, or other associated expenses in legal proceedings. The affidavit requires comprehensive financial disclosure, including current income, assets, expenses, debts, and any dependents or special circumstances affecting the declarant's financial situation. It must be sworn or affirmed before a Commissioner of Oaths, making it a formal legal document subject to penalties for false statements. The document is evaluated by court officials to determine eligibility for fee waivers or reduced fees, aligned with various provincial and federal regulations governing court accessibility and legal aid programs.
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1. Personal Information: Declarant's full legal name, address, contact information, and any court file numbers or reference numbers
2. Statement of Truth: Declaration that the information provided is true and accurate to the best of the declarant's knowledge
3. Current Employment Status: Details about employment or unemployment status, including any current or recent employment information
4. Income Sources: List of all sources of income, including employment, government benefits, pensions, or other regular payments
5. Assets Declaration: Detailed list of all assets owned, including real estate, vehicles, bank accounts, and personal property
6. Monthly Expenses: Breakdown of regular monthly expenses including housing, utilities, food, transportation, and other necessities
7. Debts and Liabilities: List of all outstanding debts, loans, credit card balances, and other financial obligations
8. Attestation and Signature: Formal attestation clause and space for signature, date, and commissioner's authentication
1. Dependent Information: Details about dependents supported by the declarant, used when the declarant has financial responsibility for others
2. Previous Court Applications: Information about any previous fee waiver applications or related court proceedings, included if relevant to the current application
3. Special Circumstances: Description of any extraordinary circumstances affecting financial situation, included when there are unique hardships to consider
4. Legal Aid Status: Information about attempts to obtain legal aid or legal aid eligibility, included when relevant to the jurisdiction
5. Future Income Prospects: Description of any expected changes in financial situation, included when relevant to long-term proceedings
1. Schedule A - Income Details: Detailed breakdown of all income sources with supporting documentation
2. Schedule B - Asset Inventory: Comprehensive list of assets with estimated values and supporting documentation
3. Schedule C - Monthly Expense Detail: Itemized list of all monthly expenses with supporting documentation
4. Schedule D - Debt Documentation: Detailed list of debts with supporting documentation from creditors
5. Appendix 1 - Supporting Documents: Copies of relevant financial documents such as pay stubs, bank statements, and tax returns
6. Appendix 2 - Benefit Statements: Copies of government benefit statements or assistance program documentation
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