Custom Affidavit

An affidavit is a written statement of facts that you swear or affirm to be true under oath, signed in front of a notary public or commissioner for taking affidavits. It carries legal weight because lying in a sworn affidavit is perjury under section 131 of the Criminal Code of Canada, punishable by up to 14 years' imprisonment. Courts, government agencies, banks, insurers, and regulatory bodies accept affidavits as evidence precisely because of this consequence.

Our custom affidavit drafting service covers situations where no standard template fits. You tell us the facts you need to declare and the purpose of the document, and we draft the affidavit in proper form: numbered paragraphs, a proper jurat clause, and formatting that meets the Ontario Rules of Civil Procedure if the affidavit is headed to court.

A custom affidavit is needed whenever you must put facts on the record under oath and no pre-made form exists for your situation. Courts, government bodies, and private institutions all rely on affidavits as formal evidence.

When you book your appointment, have the following details ready. The more precise your facts, the faster we can draft your document.

The notary must verify your identity before administering the oath. Bring at least one piece of valid government-issued photo identification.

At your appointment, the notary reviews the affidavit with you to confirm you understand its contents. You then choose to swear (a religious oath) or affirm (a non-religious promise that carries the same legal weight). You sign in front of the notary, and the notary completes the jurat with their signature, seal, and the date. If your affidavit includes exhibits, each one is stamped and initialled.

The entire process takes about 15 to 20 minutes for a straightforward affidavit. Virtual commissioning is also available under Ontario Regulation 431/20, provided both you and the notary are located in Ontario during the session.

You have a choice between swearing and affirming your affidavit. Swearing is a religious oath, typically taken on a holy book. Affirming is a non-religious promise that carries identical legal weight. Both satisfy the requirements of the Commissioners for Taking Affidavits Act, and no court or institution may refuse an affidavit solely because you chose to affirm rather than swear.

Notarization is a flat $19.90 per stamp. Drafting fees depend on the length and complexity of the document. Contact us with your details and we will provide a quote before your appointment. There is no legislated expiry date for a sworn affidavit, but the court or institution requesting it may impose its own freshness requirement (often 30 or 90 days), so check with the recipient if you are unsure.