An affidavit of documents lists every relevant document a party to an Ontario civil action has or had. What goes in Schedules A to D, the deadlines, the corporate Form 30B, and how to swear it by video.
Last updated: October 13, 2026
Affidavit of Documents in Ontario (Forms 30A and 30B): What to List and How to Swear It
Quick answer: An affidavit of documents is the sworn list that every party to an Ontario civil action serves on the other parties under Rule 30.03 of the Rules of Civil Procedure. It discloses every relevant document that is or has been in your possession, control or power, in Schedules A, B and C (plus Schedule D under the simplified procedure). An individual uses Form 30A; a corporation or partnership uses Form 30B. It is served, not filed. Minute Notary commissions it online by video under O. Reg. 431/20 for $24.95 per seal plus HST. We do not prepare the list or advise on what to disclose.
Once the pleadings close in an Ontario lawsuit, the case moves to discovery, and the first step is usually documents. Each side swears an affidavit listing what it has. The form is short. The work is the search behind it: emails, texts, invoices, photos, contracts and spreadsheets, sorted into the right schedule and described well enough to identify each one.
This guide explains what the affidavit must disclose, how the schedules work, the difference between Form 30A and Form 30B, the deadlines, what happens if something is missed, and how to have it commissioned online. If you have a question about your appointment, contact us or call (613) 434-5555. We commission the affidavit; we do not advise on your case.
Key Takeaways
| Question | Answer | Where it comes from |
|---|---|---|
| Who serves one? | Every party to a civil action, on every other party | Rules of Civil Procedure r. 30.03(1) |
| What must it disclose? | Every relevant document that is or has been in your possession, control or power | r. 30.02(1), r. 30.03(1) |
| Including privileged documents? | Yes, they are listed (Schedule B), but not produced | r. 30.02(1), (2); r. 30.03(2) |
| Which form? | Form 30A for an individual; Form 30B for a corporation or partnership | r. 30.03(1) |
| When? | On the dates in the discovery plan; within 10 days after pleadings close under the simplified procedure | r. 29.1.03; r. 76.03(1) |
| Is it filed with the court? | No, only served, unless it is relevant on a motion or at trial | r. 30.03(5) |
| Can it be sworn by video? | Yes. The forms include a video conference jurat under O. Reg. 431/20 | Forms 30A and 30B; O. Reg. 431/20 |
| What does commissioning cost? | $24.95 per seal online, plus HST and the card processing fee | Our posted rate |
What the Affidavit Must Disclose
Rule 30.02(1) sets the scope: "Every document relevant to any matter in issue in an action that is or has been in the possession, control or power of a party to the action shall be disclosed … whether or not privilege is claimed in respect of the document."
Three phrases do most of the work:
- "Document" is broad. Rule 30.01(1)(a) says it includes "a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account, and data and information in electronic form". Emails, texts and files on a phone or in the cloud count.
- "Possession, control or power" goes beyond what is in your hands. A document is deemed to be in your power if you are entitled to obtain the original or a copy and the other party is not (r. 30.01(1)(b)), for example records your bank or accountant holds for you.
- "Is or has been" reaches back in time. Documents you no longer have are listed too, in Schedule C.
Insurance is a special case: Rule 30.02(3) requires you to disclose any insurance policy under which an insurer may have to pay all or part of a judgment, although the policy is not admissible in evidence unless it is relevant to an issue.
What Goes in Each Schedule
The form's first paragraph is a sworn statement that you "conducted a diligent search" of your records and "made appropriate enquiries of others". Then the documents go into schedules (r. 30.03(2) and (3); Forms 30A and 30B):
| Schedule | What it lists | What you add |
|---|---|---|
| Schedule A | Relevant documents in your possession, control or power that you do not object to producing | Number each one; give its nature, date and enough detail to identify it |
| Schedule B | Documents you object to producing because you claim privilege | The same description, plus the grounds for the privilege claim |
| Schedule C | Documents you used to have but no longer do | When and how you lost possession, control or power, and where each one is now |
| Schedule D | Only under the simplified procedure: people who might know about the transactions or occurrences in issue | Names and addresses, and email addresses if known |
The affidavit closes with a statement that you have never had any other relevant document (r. 30.03(3)).
Three practical points:
- Describe, do not attach. The schedules list and describe documents. Copies are provided when the other party asks to inspect them (r. 30.04) or, under the simplified procedure, served with the affidavit (r. 76.03(1)(b)).
- Listing is not admitting. Disclosing or producing a document is not an admission that it is relevant or admissible (r. 30.05).
- Privileged documents are still listed. You withhold the document, not its existence. The court can inspect a document to decide a privilege claim (r. 30.04(6)).
What a notary can and cannot do: A notary public confirms your identity, administers the oath or affirmation, watches you sign and commissions the affidavit. A notary does not search your records, decide which documents are relevant, sort them into schedules, assess a privilege claim or advise on disclosure. If a lawyer represents you, they explain your disclosure duties and sign the lawyer's certificate on the form (r. 30.03(4)). If you are on your own, the Law Society Referral Service can connect you with a lawyer for a free initial consultation.
Form 30A or Form 30B?
Form 30A, Affidavit of Documents (Individual), is for a party who is a person. You swear to your own search and your own documents.
Form 30B, Affidavit of Documents (Corporation or Partnership), is for a party that is a corporation or partnership. The person swearing it opens by stating their position, for example president or partner, and then swears to a diligent search of "the corporation's (or partnership's) records" and to what the corporation or partnership has had. The schedules are the same.
Two points for a Form 30B:
- Choose a deponent who can speak to the records. The affidavit is sworn on information and belief from the company's files and the people who keep them, so an officer or partner with access to both is the usual choice.
- The notary does not verify authority. We confirm the identity of the person swearing and commission the affidavit. Whether that person is the right one to swear for the company is a question for the company and its lawyer.
The current versions of both forms are dated September 1, 2020 and are on Ontario Court Forms: Form 30A (PDF) and Form 30B (PDF).
When It Is Due
Ordinary procedure. Before anyone seeks documentary discovery, the parties must agree in writing to a discovery plan, before the earlier of 60 days after the close of pleadings (or a longer period they agree on) and the first attempt to obtain the evidence (r. 29.1.03(1) and (2)). The plan must include "dates for the service of each party's affidavit of documents (Form 30A or 30B)" (r. 29.1.03(3)(b)).
Simplified procedure. Rule 76 applies to claims only for money, real property or personal property that total $200,000 or less, excluding interest and costs (r. 76.02(1)). Each party must serve its affidavit of documents within 10 days after the close of pleadings, together with copies of the Schedule A documents (r. 76.03(1)). The affidavit must also list potential witnesses (Schedule D), and at trial you cannot call a witness whose name you did not disclose unless the court orders otherwise (r. 76.03(2) and (3)).
Served, not filed. The affidavit goes to every other party. It "shall not be filed unless it is relevant to an issue on a pending motion or at trial" (r. 30.03(5)).
Family cases are different. The Family Law Rules have their own document disclosure rule: an affidavit listing relevant documents, given within 10 days after another party asks (Family Law Rules r. 19(1)). Financial disclosure in a family case goes through Rule 13 instead; see our guide to the Form 13.1 financial statement.
If Something Is Missing Later
Disclosure is a continuing duty. If, after serving your affidavit, you obtain a relevant non-privileged document or find that the affidavit is inaccurate or incomplete, you must "forthwith serve a supplementary affidavit" (r. 30.07). A supplementary affidavit is sworn too, so it can also be commissioned online.
The rules back this up:
- Incomplete affidavit. If the court is satisfied a relevant document may have been left out, or privilege improperly claimed, it may order cross-examination on the affidavit, a further and better affidavit, or production (r. 30.06).
- Undisclosed documents. A favourable document you did not disclose cannot be used at trial without the trial judge's permission (r. 30.08(1)).
- No affidavit at all. The court may suspend your right to examine for discovery, dismiss your action or strike your defence (r. 30.08(2)).
- Privilege held to the end. A document you kept privileged cannot be used at trial unless you abandoned the claim at least 90 days before trial, except to impeach a witness or with leave (r. 30.09).
Documents you receive through discovery come with a deemed undertaking: the parties and their lawyers may not use them for any purpose other than the proceeding, with limited exceptions (r. 30.1.01(3)).
How the Signing Works with Minute Notary
The form already allows video. Forms 30A and 30B ask the commissioner to tick "in person OR by video conference", and give two video jurats: one when you and the commissioner are in the same city or town, one when you are not. Each ends "in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely."
The legal basis. The Commissioners for Taking Affidavits Act requires an oath to be taken in the commissioner's physical presence unless the regulations provide otherwise (s. 9(1) and (2)). O. Reg. 431/20 provides otherwise: you and the notary must be able to see, hear and talk to each other in real time for the whole appointment, the notary confirms your identity and makes sure you understand what you are signing, and the notary keeps a record (ss. 1 and 2).
- Finish the affidavit first. Complete the schedules, strike out paragraph 6 (Form 30A) or paragraph 7 (Form 30B) if the action is not under the simplified procedure, and leave it unsigned. If a lawyer represents you, they complete the lawyer's certificate.
- Book the appointment. Book online and choose Affidavit of documents (individual) - Civil Form 30A or (corporation / partnership) - Civil Form 30B, or contact us or call (613) 434-5555. Appointments run every day, 8:00 AM to 8:00 PM (Ottawa time).
- Upload the completed, unsigned affidavit and your photo ID when you book.
- On the call: show valid government photo ID, swear or affirm out loud, and sign while the notary watches. For Form 30B, the officer or partner named in paragraph 1 attends.
- The notary completes the video jurat, signs and applies the seal. You receive the commissioned affidavit as a PDF to serve.
Pricing
| Service | Fee | Note |
|---|---|---|
| Commissioning Form 30A or 30B online (video appointment) | $24.95 per seal | One seal for the person who swears it; schedules are part of the affidavit |
| Supplementary affidavit of documents (online) | $24.95 per seal | When you must correct or add to the original |
| Any document attached as an exhibit | One more stamp each | Schedules are not exhibits; this applies only if you attach exhibits |
| Mobile visit (in person, anywhere in Ontario) | $24.95 per seal + $60 travel fee | Travel fee covers up to 30 km; beyond that, an additional travel fee applies |
| Card processing fee (online payments) | 2.9% + $0.30 | Shown as its own line before you pay |
Note: prices are before HST. Each party's affidavit is sworn by its own deponent. We commission the affidavit; we do not search records, prepare the schedules or give legal advice.
See every posted rate on our pricing page.
Frequently Asked Questions
What is an affidavit of documents in Ontario?
It is the sworn list of documents each party to an Ontario civil action serves on the other parties under Rule 30.03 of the Rules of Civil Procedure. It discloses every document relevant to any matter in issue that is or has been in the party's possession, control or power, sorted into schedules: documents you will produce, documents you claim are privileged, and documents you no longer have.
What is the difference between Form 30A and Form 30B?
Form 30A is for a party who is an individual. Form 30B is for a party that is a corporation or partnership: it is sworn by a person who states their position in the corporation or partnership, and it covers the documents of the corporation or partnership rather than the deponent's own.
What goes in Schedules A, B, C and D?
Schedule A lists relevant documents you have and do not object to producing. Schedule B lists documents you object to producing because you claim privilege, with the grounds. Schedule C lists documents you used to have but no longer do, with when and how you lost them and where they are now. Schedule D, used only under the simplified procedure, lists people who might know about the events in issue.
When do I have to serve an affidavit of documents?
In an ordinary action, on the dates set in the discovery plan, which the parties agree before the earlier of 60 days after the close of pleadings and the first attempt to obtain discovery (Rule 29.1.03). In a simplified procedure action, within 10 days after the close of pleadings, with copies of the Schedule A documents (Rule 76.03).
Is the affidavit of documents filed with the court?
No. It is served on every other party, and Rule 30.03(5) says it is not filed unless it is relevant to an issue on a pending motion or at trial.
What happens if I leave a document out?
If you find a document or an error later, you must serve a supplementary affidavit right away (Rule 30.07). A favourable document you failed to disclose cannot be used at trial without the trial judge's permission, and failing to serve an affidavit at all can lead to the action being dismissed or the defence being struck (Rule 30.08).
Can I swear an affidavit of documents online?
Yes. Forms 30A and 30B already include a jurat for swearing or affirming by video conference in accordance with O. Reg. 431/20. You and the commissioner must see, hear and talk to each other the whole time, and the commissioner confirms your identity.
How much does it cost to have an affidavit of documents commissioned online?
$24.95 per seal, plus HST. The affidavit with its schedules is one seal for the person who swears it; the schedules are part of the affidavit, not exhibits. A supplementary affidavit later is another $24.95 seal. Online payments also carry a card processing fee of 2.9% + $0.30.
Final Recommendation
Start the search early: emails, texts, photos and files held by your bank, accountant or staff all count if they are relevant and within your power. Sort each document into the right schedule, describe it so the other side can identify it, and if a lawyer represents you, go through the list with them before you swear it. Then swear or affirm it before a commissioner, serve it on every other party, and serve a supplementary affidavit the moment you find something new. A video appointment with us suits a party who is out of town, a company officer who cannot get to an office, or anyone working to a discovery-plan date.
Book Your Appointment
Need your affidavit of documents commissioned? Minute Notary commissions Forms 30A and 30B by secure video for $24.95 per seal plus HST.
- Contact us: Ask a question or request an appointment
- Call: (613) 434-5555
- Service page: Affidavits
- Related guide: Affidavit of service in Ontario civil cases (Form 16B)
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (Ontario), Rules 29.1, 30, 30.1 and 76
- Ontario Court Forms — Form 30A: Affidavit of Documents (Individual), RCP-E 30A (September 1, 2020) (PDF)
- Ontario Court Forms — Form 30B: Affidavit of Documents (Corporation or Partnership), RCP-E 30B (September 1, 2020) (PDF)
- Ontario Court Forms — Rules of Civil Procedure forms
- Family Law Rules, O. Reg. 114/99 (Ontario), r. 19
- Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (Ontario), s. 9
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
- Law Society of Ontario — Law Society Referral Service
This article was written using AI.
Related notary services
Need help with this in Ottawa?
About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.