Affidavit (Orders for Assistance, Passing of Accounts) (Form 4D) (ON)

Summary

This precedent is a standard affidavit used by a moving party for a motion seeking an order for assistance requiring an estate trustee to pass accounts before the Ontario Superior Court of Justice. This precedent includes practical guidance and drafting notes. Evidence on a motion is typically presented by way of Affidavit (Form 4D) (ON). An affidavit is a sworn document that is confined to the statement of facts within the personal knowledge of the deponent (Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"), r. 4.06(2)). An affidavit must: (1) be expressed in the first person: (2) state the full name of the deponent, and whether the deponent is a party or the solicitor, officer, director or employee of a party; (3) be divided into consecutively numbered paragraphs with each paragraph being confined, as far as possible, to a particular statement of fact; and (4) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations ...