The Affidavit of Delay is a critical legal document used throughout Canadian jurisdictions when parties need to formally explain delays in legal proceedings or fulfilling legal obligations. This sworn statement is commonly required when limitation periods have expired or when significant time has elapsed in legal proceedings. The document must include specific details about the circumstances causing the delay, actions taken to address the situation, and any supporting evidence. When drafting an Affidavit of Delay, consideration must be given to both federal and provincial requirements, as the document needs to comply with relevant evidence acts and rules of civil procedure. The affidavit must be sworn before a qualified official and may be used in various contexts, from civil litigation to administrative proceedings.
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1. Title and Court Information: Identifies the court, jurisdiction, and case reference number if applicable
2. Affiant Information: Full legal name, occupation, and address of the person making the affidavit
3. Matter Background: Brief description of the underlying legal matter or proceeding
4. Timeline of Events: Chronological description of relevant dates and events leading to the delay
5. Explanation of Delay: Detailed explanation of the circumstances that caused the delay
6. Actions Taken: Description of steps taken to address or minimize the delay
7. Current Status: Statement of the current situation and immediate next steps
8. Verification Statement: Standard sworn statement confirming the truth of the contents
9. Jurat: Commissioner of Oaths or Notary Public certification section
1. Medical Circumstances: Section describing medical conditions or issues that contributed to the delay, used when health issues are a factor
2. Force Majeure Events: Description of unexpected or uncontrollable events causing delay, used when external circumstances are involved
3. Third Party Delays: Explanation of delays caused by other parties, used when external parties contributed to the delay
4. Financial Hardship: Details of financial circumstances causing delay, used when financial issues are relevant
5. Previous Attempts: Description of prior attempts to proceed with the matter, used when showing due diligence is important
1. Exhibit A - Timeline Documentation: Supporting documents showing key dates and events
2. Exhibit B - Medical Documentation: Medical records or certificates supporting health-related delays
3. Exhibit C - Correspondence: Copies of relevant communications showing attempts to proceed or resolve issues
4. Exhibit D - Supporting Affidavits: Additional sworn statements from other parties supporting the delay explanation
5. Exhibit E - Financial Documents: Financial records or statements supporting claims of financial hardship
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