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Third Party Affidavit for Canada

Third Party Affidavit Template for Canada

A Third Party Affidavit is a formal written statement made under oath or affirmation, specifically designed for use in Canadian legal proceedings. This document contains sworn testimony from an individual who is not a primary party to the main legal matter but has relevant information or expertise to contribute. The document must comply with federal and provincial evidence laws, including the Canada Evidence Act and relevant provincial legislation. It requires proper execution before a qualified commissioner of oaths or notary public and must follow specific formatting and content requirements as prescribed by Canadian court rules.

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What is a Third Party Affidavit?

The Third Party Affidavit serves as a crucial legal instrument in Canadian jurisdiction, providing a mechanism for obtaining and presenting sworn testimony from individuals who are not direct parties to a legal matter but possess relevant information or expertise. This document type is commonly used in various legal proceedings, from civil litigation to administrative hearings, where third-party evidence is required to support claims, verify facts, or provide expert opinions. The affidavit must be sworn or affirmed before an authorized official (commissioner of oaths or notary public) and can include supporting exhibits or documents. It's essential for the content to be organized in clear, numbered paragraphs and comply with both federal and provincial legal requirements regarding form and content.

What sections should be included in a Third Party Affidavit?

1. Style of Cause: Identifies the legal proceeding (if applicable) including court file number and parties involved

2. Deponent Information: Full legal name, occupation, and address of the person making the affidavit

3. Basis of Knowledge: Statement explaining how the deponent has personal knowledge of the matters stated in the affidavit

4. Statement of Facts: Clear, numbered paragraphs containing the factual information being testified to

5. Confirmation of Truth: Standard declaration that the contents are true to the best of the deponent's knowledge and belief

6. Jurat: Official statement showing when and where the affidavit was sworn, and before whom

What sections are optional to include in a Third Party Affidavit?

1. Professional Qualifications: Section detailing the deponent's professional credentials, used when expertise or qualifications are relevant to the testimony

2. Relationship Declaration: Statement explaining the relationship to parties involved, used when the deponent's connection to other parties is relevant

3. Language Interpretation: Certificate of interpretation if the deponent requires a translator

4. Exhibits Reference: Section referring to attached documents or exhibits, used when supporting documents are included

What schedules should be included in a Third Party Affidavit?

1. Exhibit A, B, C, etc.: Supporting documents referenced in the affidavit, marked alphabetically

2. Certificate of Translation: If applicable, certified translation of the affidavit if sworn in another language

3. Professional Credentials: Copies of relevant professional certifications or qualifications when expertise is material to the testimony

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses
















Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Healthcare

Manufacturing

Construction

Education

Government and Public Sector

Professional Services

Transportation

Retail

Technology

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Secretariat

Litigation Support

Document Management

Administrative Services

Regulatory Affairs

Relevant Roles

Lawyer

Legal Assistant

Paralegal

Compliance Officer

Risk Manager

Human Resources Manager

Corporate Secretary

Legal Operations Manager

Claims Adjuster

Court Clerk

Notary Public

Commissioner of Oaths

Legal Document Specialist

Litigation Support Specialist

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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