Affidavit (WAGG Motion) (ON)

Summary

This precedent is a standard affidavit used by a moving party (plaintiff or defendant) for a motion seeking the production of a police or Crown file from a non-party (also known as a Wagg motion) before the Ontario Superior Court of Justice. This precedent includes practical guidance, drafting notes and alternate clause. 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 of Civil Procedure"), 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 ...