The Small Claims Affidavit is a fundamental document in Canada's small claims court system, designed to provide accessible justice for relatively minor monetary disputes. This sworn document is used when parties need to present evidence in small claims court proceedings, whether filing a claim, defending against one, or providing supporting testimony. The affidavit must comply with provincial court rules and can be used for claims ranging from unpaid invoices to property damage, depending on the monetary jurisdiction limits of the specific province or territory. It serves as a cost-effective means of presenting evidence without requiring extensive legal representation, aligning with the small claims court's objective of providing efficient and accessible justice for straightforward disputes.
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1. Information Statement: Court location, claim number, and parties' information
2. Affiant Information: Full legal name, occupation, and address of the person making the affidavit
3. Purpose of Affidavit: Clear statement of why this affidavit is being submitted
4. Statement of Facts: Chronological, numbered paragraphs setting out the relevant facts of the case
5. Basis of Knowledge: Explanation of how the affiant knows the information (personal knowledge, information and belief, etc.)
6. Relief Sought: Clear statement of what the affiant is asking the court to do
7. Declaration of Truth: Standard sworn statement confirming the truth of the contents
8. Signature Block: Space for signature, commissioner information, and date of swearing
1. Expert Opinion: Used when including professional or expert opinions relevant to the claim
2. Translation Certificate: Required when any attached documents are not in English or French
3. Additional Parties: Used when there are multiple plaintiffs, defendants, or interested parties
4. Prior Court Proceedings: Required if there have been any related court proceedings
5. Urgency Statement: Used when requesting expedited processing or urgent relief
1. Schedule A - Documentary Evidence: Copies of relevant documents referenced in the affidavit (contracts, correspondence, photos, etc.)
2. Schedule B - Financial Records: Relevant financial documents, receipts, invoices, or statements supporting the claim amount
3. Schedule C - Communications Log: Chronological list of relevant communications between parties
4. Schedule D - Photographs: If relevant, dated and labeled photographs supporting the claim
5. Appendix 1 - Calculations: Detailed breakdown of any calculations or amounts claimed
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