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A Witness Statement captures someone's first-hand account of events in their own words, often used as evidence in Canadian courts and legal proceedings. It's a formal written document where the witness describes what they saw, heard, or experienced, signed and dated to confirm its truthfulness.

These statements play a crucial role in both civil and criminal cases across Canada, helping judges and tribunals understand what happened. While lawyers or legal professionals typically help prepare them, the content must come directly from the witness's personal knowledge - not hearsay or speculation. Police officers, workplace investigators, and legal teams regularly collect these statements to build their cases.

Get a Witness Statement right away when you observe or learn about workplace incidents, accidents, or misconduct. These statements preserve crucial details while memories are fresh and help protect your organization during investigations or legal proceedings. This is especially important for workplace safety incidents under Canadian occupational health and safety laws.

Collect Witness Statements during harassment investigations, property damage events, or any situation that might lead to legal action. They're vital for insurance claims, workers' compensation cases, and human rights tribunal hearings. Having detailed, timely statements from people who saw what happened helps establish facts and supports your position if disputes arise later.

• Witness Affidavit: Standard sworn statement used in court proceedings, verified by a commissioner of oaths
• Affidavit Of Witness To Accident: Specialized form detailing accident observations for insurance or legal claims
• Character Witness Affidavit: Attests to someone's reputation, behavior, or moral character
• Expert Witness Declaration: Professional opinion statement from qualified experts in specific fields

• Eyewitnesses: People who directly observed events and provide first-hand accounts in their Witness Statements
• Legal Professionals: Lawyers and paralegals who help prepare and verify statements for court proceedings or legal matters
• HR Managers: Collect and manage witness statements during workplace investigations or incidents
• Police Officers: Take statements from witnesses during criminal investigations and maintain them as evidence
• Insurance Adjusters: Use witness statements to assess claims and determine liability
• Commissioners of Oaths: Officially witness and authenticate sworn statements when required

• Basic Details: Record the witness's full name, contact information, and relationship to the incident
• Incident Information: Note the exact date, time, location, and circumstances of what was observed
• Fresh Memory: Document details as soon as possible after the event while recollections are clear
• Precise Language: Use clear, factual descriptions without opinions or assumptions
• Supporting Details: Include relevant photos, diagrams, or physical evidence referenced in the statement
• Verification: Have the witness review the statement carefully before signing and dating it
• Authentication: Get the statement sworn before a commissioner of oaths if required for legal proceedings

• Declaration of Truth: Statement confirming the account is truthful and accurate
• Witness Identity: Full legal name, address, occupation, and relationship to the matter
• Event Details: Chronological account with specific dates, times, locations, and participants
• Competency Statement: Confirmation that the witness is of legal age and sound mind
• Signature Block: Witness signature, date, and location of signing
• Authentication: Commissioner of oaths or notary signature and stamp when required
• Exhibits Reference: Clear labeling of any attached documents or evidence mentioned
• Page Numbering: Sequential numbering and initials on each page for security

A Witness Statement differs significantly from a Statement of Claim in both purpose and legal effect. While both documents play important roles in Canadian legal proceedings, they serve distinct functions and have different requirements.

• Purpose and Content: Witness Statements record factual observations of events as experienced firsthand, while a Statement of Claim initiates a lawsuit by outlining legal allegations and demands
• Timing of Creation: Witness Statements are typically created soon after an incident occurs to preserve memory accuracy, while Statements of Claim are drafted when deciding to pursue legal action
• Legal Requirements: Witness Statements need only be sworn if used in court, but Statements of Claim must always follow strict court filing requirements
• Author and Authority: Witness Statements come from individuals with direct knowledge of events, while Statements of Claim are prepared by lawyers representing plaintiffs