Affidavits
Affidavit for Jurisdiction (Form 11A) — Ontario Small Claims Court
Free template from Minute Notary, an Ontario notary office. The sworn affidavit a plaintiff files so the Small Claims Court clerk can note a defendant in default when every defendant was served outside the court's territorial division. Prepare the wording here; the court's own Form 11A is what you file.
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Also known as
- Form 11A
- Small Claims affidavit for jurisdiction
- Affidavit for jurisdiction Ontario
+1 more names
- Small Claims Court Form 11A
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- General template, not legal advice
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Affidavit for Jurisdiction (Form 11A) — Ontario Small Claims Court
A compact preview of this template
01The Claim
Claim number
Your full name
Why the action was brought at this court
AFFIDAVIT FOR JURISDICTION (FORM 11A)
Ontario Superior Court of Justice
Small Claims Court at ______
Claim No. ______
BETWEEN
______
Plaintiff(s)
and
______
Defendant(s)
I, ______, of ______, in the Province of Ontario, MAKE OATH AND SAY:
In this action, I am ______.
I make this affidavit to support the plaintiff's request that the clerk note the defendant or defendants in default. All of the defendants have been, or will be, served outside this court's territorial division (rule 11.01 (3) of the Rules of the Small Claims Court).
Under rule 6.01, the plaintiff is entitled to bring this action at this court because ______.
Signed and sworn (or affirmed/declared) before me by videoconference in Ottawa, Ontario, while the Affiant(s)/Declarant(s) were located in ______________________, on ______________________, pursuant to O. Reg. 431/20, and Electronic Commerce Act, 2000.
______________________________ | ______________________________ |
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How it works
Prepare your document, one step at a time.
Answer the questions, choose the download you need, then continue with signing or booking.
Overview
About this document
- 01
What is an affidavit for jurisdiction?
It is your sworn statement that the action belongs at the court where you started it. Each Small Claims Court location serves a territorial division: under the rules, a county, a district or a regional municipality, or one of a few cities and combined areas the rules list by name, such as the City of Toronto or the City of Hamilton.
Rule 6.01 gives a plaintiff three places to start: the territorial division where the cause of action arose, the territorial division where a defendant lives or carries on business, or the court location nearest to where a defendant lives or carries on business. The affidavit tells the clerk which one applies to your claim.
- 02
When you need one
Only when you ask the clerk to note a defendant in default and none of the defendants was served inside the court's territorial division. If even one defendant was served inside it, rule 11.01 (3) does not apply.
It goes to the clerk with your request to note the defendant in default, which the rules allow you to make on a Request to Clerk (Form 9B). Once a defendant is noted in default, the clerk may sign a default judgment (Form 11B) for a debt or other fixed amount of money (rule 11.02).
- 03
What to include
Have your claim in front of you:
- The claim number, the court location, and every party's name as it appears on the claim.
- Your full name and the city or town where you live.
- Whether you are the plaintiff or the plaintiff's representative, and if a representative, who you act for.
- Which rule 6.01 ground makes this the right court for the claim.
- 04
Official source and who accepts it
The Small Claims Court accepts only its prescribed Form 11A. Download the current revision from Ontario Court Services, copy your prepared wording onto it, and swear it before a commissioner or notary. The form carries its own jurat for swearing in person or by video under O. Reg. 431/20.
File the sworn affidavit with the clerk of the court where the claim was issued, together with your request to note the defendant in default.
- 05
Common mistakes
These are the usual reasons the request is delayed:
- Filing it when a defendant was served inside the territorial division, where it is not needed.
- Choosing a ground the claim does not support: the claim should show where the events happened or where the defendant lives or does business.
- Leaving out the name of the plaintiff when a representative swears it.
- Signing the form before the appointment instead of in front of the commissioner.
- 06
How to get it notarized in Ontario
Fill in the form on this page to prepare your wording, then copy it onto the official form. Do not sign it yet: an affidavit or statutory declaration is signed in front of a notary public or commissioner for taking affidavits, after the oath or affirmation.
When you are ready, book an appointment with Minute Notary and have the official form filled in but unsigned. You can swear or affirm it before a notary by video from anywhere in Ontario, or in person on a mobile visit.
Good to know
Before you fill it in.
Short notes on this template. Worth a minute before you start.
- 01
Prepared for use in Ontario. A general template, not legal advice.
- 02
Notarize online by video across Ontario, or in person anywhere in Ontario.
- 03
Sign in front of the notary, who administers your oath or affirmation and applies the seal.
Official sources
Frequently asked
Questions about the Affidavit for Jurisdiction (Form 11A) — Ontario Small Claims Court
- Who can swear Form 11A?
- The plaintiff, or the plaintiff's representative: the lawyer, paralegal or other person acting for them. The deponent must know where the claim arose or where the defendant lives or does business.
- Can I swear it by video?
- Yes. The form's own jurat has versions for swearing by video under O. Reg. 431/20, and our notaries can commission it that way from anywhere in Ontario.
- Do I need it if one defendant was served inside the division?
- No. Rule 11.01 (3) applies only when all of the defendants were served outside the court's territorial division.
- Is there another way to prove the court's jurisdiction?
- Yes. Rule 11.01 (3) also accepts evidence presented before a judge. The affidavit lets the clerk act on your request without that step.
- Which other Small Claims forms are related?
- Form 8A is the affidavit of service, and Form 20P is the affidavit for enforcement request you use once you have a judgment. Both have their own pages in our template library.
Keep exploring
Related templates
Other documents for civil court, small claims & debts.
- 01Affidavit of Service (Form 8A) — Ontario Small Claims Court
The sworn proof of service the Ontario Small Claims Court asks for after you serve a claim, defence, or notice. Prepare your wording here, then swear it before a notary — the court's own Form 8A is the version you file.
Fill it out - 02Affidavit (Form 15B) — Ontario Small Claims Court
The Small Claims Court's general affidavit, used to put sworn facts before the court where the rules call for an affidavit and name no other form, such as an answer to a motion. Prepare the wording here; the court's own Form 15B is what you file.
Fill it out - 03Affidavit for Enforcement Request (Form 20P) — Ontario Small Claims Court
The sworn affidavit a creditor files to ask the Small Claims Court clerk to issue an enforcement step after judgment, such as garnishment or a writ of seizure and sale. Prepare the wording here; the court's own Form 20P is what you file.
Fill it out - 04Affidavit (General) (Form 14A)
Affidavit (General) (Form 14A), an Ontario family court affidavit used to put facts before the court in a family proceeding. Fill in your details online, download a ready-to-sign PDF, and swear it before a notary or commissioner. Obtain legal advice for family court matters.
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