Affidavit is typically used to court purposes or to be used outside of Canada. Statutory declaration is typically for non-court purposes (such as insurance loss claims) and to be used within Canada.

An affidavit is a written or printed statement of fact, made voluntarily, and confirmed by the oath or affirmation of the party making it. Therefore, an affidavit is typically taken before a notary or lawyer to administer oaths or affirmations. Examples of the different types of affidavits are:

• to present evidence in certain types of proceedings in the course of civil litigation, including chambers applications and at trial in limited circumstances
• to determine the issue of assessment of damages or of the value of goods in a civil lawsuit
• when a court’s decision is appealed, usually only written evidence is presented to the court, and sometimes this evidence includes affidavits
• trustees, executors, administrators, and receivers, among others, are required to give affidavit evidence when submitting their accounts for review to beneficiaries and to officers of the court, such as judges, registrars, and masters

A statutory declaration is a document that formalizes matters to be made known publicly. It is a solemn statement made by plaintiff or witnesses instead of the oath, but equally binding.

Statutory declaration is a legal document based on statute law as to their format and content requirements. Statutory declarations are of the same force and effect as if sworn under oath or affirmation.

When you make an appointment that requires administering an oath, affirmation or declaration, identity of the person swearing or affirming the document must be satisfied. Therefore, you will need to bring two pieces of government-issued identification, one of which must includes your name, current address, signature and photograph (passport, driver’s license) and one another bearing your name and signature (SIN card, birth certificate).

Please contact us for any other questions or to make an appointment.