An Affidavit of Withdrawal is a crucial legal document used in Canadian legal proceedings when an individual or entity needs to formally withdraw a previously submitted document, application, or claim. This sworn statement must comply with both federal and provincial requirements for affidavits and requires attestation by authorized officials such as commissioners of oaths or notaries public. The document is commonly used in various contexts, including court proceedings, administrative applications, and regulatory filings. When preparing an Affidavit of Withdrawal, careful attention must be paid to accurately identifying the matter being withdrawn, providing clear reasons for the withdrawal, and ensuring proper execution of the document according to jurisdictional requirements.
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1. Title and Court Information: Identifies the court, jurisdiction, and file number if applicable
2. Affiant Information: Full legal name, occupation, and address of the person making the affidavit
3. Matter Identification: Clear identification of the original matter, application, or document being withdrawn
4. Statement of Truth: Standard declaration that the affiant is making the statement under oath
5. Withdrawal Statement: Clear and unequivocal statement of withdrawal
6. Reasons for Withdrawal: Brief explanation of why the withdrawal is being made
7. Declaration and Oath: Formal statement affirming the truth of the contents
8. Signature Block: Space for affiant's signature and commissioner of oaths attestation
1. Related Proceedings: Reference to any related legal proceedings or matters when the withdrawal affects multiple connected cases
2. Consent Statement: Statement of consent from other parties if required for the withdrawal
3. Impact Statement: Description of the effect of withdrawal on other parties or proceedings when legally relevant
4. Legal Representation: Information about legal representation if the affiant has counsel
5. Costs: Statement regarding the treatment of any legal costs when relevant to the withdrawal
1. Original Document: Copy of the original document or application being withdrawn
2. Supporting Documentation: Any relevant documentation supporting the reason for withdrawal
3. Proof of Service: Documentation showing that other parties have been notified of the withdrawal
4. Consent Forms: Signed consent forms from other parties if required
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