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Getting an affidavit commissioned for an Ontario court

Courts reject affidavits over small execution defects. Here's how commissioning works for court filings and the mistakes that cause rejections.

What the court expects

An affidavit filed in an Ontario proceeding must be sworn or affirmed before a person authorized to take affidavits, with a completed jurat showing where and when it was sworn and who took it. Court staff and opposing counsel do check โ€” a missing jurat entry, an unsigned exhibit stamp or a signature made before the appointment can get the document rejected or challenged.

Sign in front of the commissioner, not before

The single most common mistake is signing at home. The oath and the signature belong together: the commissioner must administer the oath or affirmation and watch you sign. If you've already signed, expect to re-sign a fresh copy in the commissioner's presence.

Exhibits need their own treatment

Each document attached to an affidavit is an exhibit, and each exhibit needs an exhibit stamp or certificate โ€” 'This is Exhibit A referred to in the affidavit ofโ€ฆ' โ€” signed by the commissioner. Bring every exhibit, in order, unstapled from the affidavit, and make sure the affidavit's references (Exhibit A, B, C) match what you attach.

Remote commissioning for court documents

Ontario permits affidavits to be commissioned by video where the requirements for remote commissioning are met, and courts routinely accept them. The jurat will reflect that the affidavit was commissioned remotely. If your matter involves an unusual court or tribunal, confirm its practice before relying on video.

What commissioning is not

The commissioner confirms your oath โ€” they do not review your evidence, fix your draft or advise whether the affidavit helps your case. If you need the content checked, that is legal advice: speak to a lawyer before the commissioning appointment, not during it.

General information only โ€” not legal advice. Requirements depend on your document and the institution receiving it; we confirm what applies before you book.

Ready to book?

Upload your document, confirm the requirements, and choose an available appointment.

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