Affidavit Proving Facts (Evidence by Affidavit) (Sample) (ON)

Summary

This precedent is an example of an affidavit to be sworn by an individual providing additional and supporting information in a motion to adduce evidence at trial by affidavit. This precedent includes practical guidance and drafting notes. Affidavit evidence may be used at a trial in lieu of a witness's oral testimony. Rule 53.02(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules") provides that before or at the trial of an action, the court may allow the evidence of a witness or proof of a fact or document to be given by affidavit. The purpose of this type of evidence is to facilitate the trial of an action or the assessment of damages where a witness could not reasonably be produced, either because the witness is not available or the expense of producing the witness is unreasonable. However, affidavit evidence is appropriate only where the facts that need to be proved are facts which require only verification, by something beyond the mere allegation of the party rather ...