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.
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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
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
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
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