1

Source: Ontario Small Claims Court - A Practical Guide (2011). p. 166 Bottom.

§8.34 It is essential for the drawer of the affidavit (who might be the plaintiff himself or his representative) to understand that the affidavit must contain facts to substantiate the plaintiff's entitlement to damages. That means that the facts relating to the issue of damages that were set out in the Plaintiff's Claim must be repeated in the affidavit. So many drawers of the affidavit make express reference to the Plaintiff's Claim without restating the facts contained in that document or they simply attach to the affidavit a copy of the Plaintiff"s Claim. Neither method is correct.

This demand feels wasteful (of attention and time, in rereading the same facts)? What's wrong with mandating litigants only to reference paragraph numbers for the facts in the Plaintiff's Claim?

3

This is a matter of tradition and common practice. The reputed purpose is to make sure that all of the facts sworn to are really in front of the person swearing to them and not just swapped out by changes in the claim after the document is sworn to, but it is a bit pedantic. Often legal requirements are like that.

  • 'all of the facts sworn to are really in front of the person swearing to them and not just swapped out by changes in the claim after the document is sworn to' : I don't understand this. The court and opposing party will still possess the Plaintiff's Claim. So the Plaintiff can't try to swap or change his claims slyly? – Greek - Area 51 Proposal Mar 13 '18 at 4:23
  • Would you please respond in your answer, as it’s easier to read than a chain of comments? – Greek - Area 51 Proposal Mar 13 '18 at 4:25
  • 1
    Suppose that the Affidavit is signed on January 1 and filed together with the claims on January 5. If the claims were modified on January 3, and the Affidavit included a reference only, they could be changed without the Plaintiff having sworn to them on January 1. It is a practice that would develop in lawyer present cases that would be generalized. – ohwilleke Mar 13 '18 at 4:26

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.