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Affidavit Of Diligent Search for Canada

Affidavit Of Diligent Search Template for Canada

An Affidavit of Diligent Search is a sworn legal document used in Canadian jurisdictions to formally document and verify the comprehensive efforts made to locate a person, document, asset, or other subject of interest. This document details the systematic steps taken in the search process, including methods used, resources consulted, and outcomes of each attempt. It serves as evidence in legal proceedings that reasonable and thorough efforts were made to locate the subject, often required in cases involving service of process, missing beneficiaries, or asset recovery. The affidavit must comply with federal and provincial requirements for sworn statements and is typically commissioned by a notary public or commissioner of oaths.

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Affidavit Of Diligent Search

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What is a Affidavit Of Diligent Search?

The Affidavit of Diligent Search is a critical legal document used in Canadian jurisdictions when parties need to demonstrate to courts or other authorities that they have conducted thorough and reasonable efforts to locate someone or something. This document is commonly required in various situations, including attempting service of legal documents, locating missing heirs in estate matters, finding defendants in civil cases, or tracking down assets in debt collection. The affidavit must detail all search methods employed, including physical searches, database queries, public records searches, and attempts to contact known associates. It typically includes dates, locations, and outcomes of each search attempt, and must be sworn before a commissioner of oaths or notary public. The document serves as protection against future claims of insufficient effort and helps support requests for alternative service or other legal remedies.

What sections should be included in a Affidavit Of Diligent Search?

1. Identification of Affiant: States the full legal name, occupation, and address of the person making the affidavit

2. Purpose of Search: Explains why the search is being conducted and its relevance to the legal proceedings

3. Authority and Capacity: Establishes the affiant's authority to conduct the search and their role in the matter

4. Search Methods Employed: Detailed description of all methods used to locate the person/document/asset

5. Timeline of Search Efforts: Chronological listing of all search attempts, including dates and outcomes

6. Resources Consulted: List of all databases, registries, directories, and other resources checked

7. Results of Search: Summary of findings or lack thereof from the search efforts

8. Verification and Oath: Sworn statement confirming the truth of the contents and signature block

What sections are optional to include in a Affidavit Of Diligent Search?

1. Third Party Assistance: Details of any professional search services or investigators employed, used when external help was required

2. International Search Efforts: Description of searches conducted in other countries, included when the search extended beyond Canada

3. Social Media Investigation: Details of social media platform searches, included when online presence was investigated

4. Known Associates: Information about attempts to contact family members, friends, or business associates, used when relevant to the search

5. Cost of Search: Breakdown of expenses incurred during the search, included when cost recovery is being sought

What schedules should be included in a Affidavit Of Diligent Search?

1. Schedule A - Documentary Evidence: Copies of all search results, correspondence, and records of attempts to locate the subject

2. Schedule B - Search Log: Detailed log of all search attempts including dates, times, methods, and outcomes

3. Schedule C - Professional Credentials: Copies of relevant professional licenses or certifications if search was conducted by a professional investigator

4. Schedule D - Photographs: Visual evidence of physical search attempts or locations visited, if applicable

5. Schedule E - Cost Records: Receipts and invoices related to search expenses, if cost recovery is being sought

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions
























Clauses















Relevant Industries

Legal Services

Financial Services

Insurance

Banking

Real Estate

Corporate Services

Government Administration

Private Investigation

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Education

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Corporate Secretariat

Compliance

Risk Management

Research & Investigation

Document Management

Administrative Services

Trust Services

Collections

Relevant Roles

Legal Assistant

Paralegal

Lawyer

Process Server

Private Investigator

Estate Administrator

Court Clerk

Debt Collection Officer

Legal Research Specialist

Compliance Officer

Title Searcher

Skip Tracer

Trust Officer

Legal Operations Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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