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Affidavit Of Denial for Canada

Affidavit Of Denial Template for Canada

An Affidavit of Denial is a formal sworn document used in Canadian legal proceedings where an individual (the affiant) formally denies specific claims, allegations, or facts under oath. This document, governed by both federal and provincial legislation including the Canada Evidence Act and provincial Rules of Civil Procedure, must be sworn or affirmed before a commissioner of oaths or notary public. It serves as a legally binding statement that can be used in court proceedings and other formal disputes, providing a structured format for presenting formal denials with supporting evidence and explanations.

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What is a Affidavit Of Denial?

The Affidavit of Denial is a critical legal instrument in the Canadian legal system, used when an individual or entity needs to formally deny allegations, claims, or statements made against them. This sworn document is particularly relevant in civil proceedings, insurance claims, contract disputes, and various other legal contexts where formal denial of facts or allegations is required. The document must comply with federal legislation such as the Canada Evidence Act and relevant provincial laws governing affidavits and sworn statements. An Affidavit of Denial typically includes detailed information about the affiant, specific denials of each allegation, supporting facts or evidence, and must be properly sworn or affirmed before an authorized official. It serves as a formal record of denial and can be used as evidence in legal proceedings, making it essential that all information contained within is truthful and accurate to avoid potential perjury charges.

What sections should be included in a Affidavit Of Denial?

1. Title and Court Information: Identifies the document as an Affidavit of Denial and includes relevant court information if applicable

2. Affiant Information: Full legal name, occupation, and address of the person making the affidavit

3. Oath Statement: Standard declaration that the affiant is swearing/affirming under oath

4. Background Context: Brief explanation of the circumstances leading to the need for the affidavit

5. Statement of Capacity: Establishes the affiant's position or relationship to the matter at hand

6. Specific Denials: Numbered paragraphs containing clear and specific denials of each allegation or claim

7. Supporting Facts: Relevant facts that support or explain the denials being made

8. Declaration of Truth: Standard statement affirming that the contents are true to the best of the affiant's knowledge

9. Signature Block: Space for affiant's signature and commissioner of oaths details

What sections are optional to include in a Affidavit Of Denial?

1. Exhibit Reference: Section referencing any attached documents that support the denials, used when physical evidence needs to be included

2. Third Party Statements: References to supporting statements from other individuals, used when third-party verification is relevant

3. Additional Relief: Request for specific action from the court or other parties, used when the denial is part of a larger legal proceeding

4. Jurisdictional Statement: Statement establishing jurisdiction, used when the matter crosses jurisdictional boundaries

What schedules should be included in a Affidavit Of Denial?

1. Exhibit A: Supporting documents referenced in the affidavit

2. Schedule of Denied Claims: Detailed list of specific claims being denied, used when there are numerous items

3. Schedule of Supporting Evidence: List and copies of evidence supporting the denials

4. Certificate of Service: Proof that the affidavit was properly served to relevant parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions



















Clauses















Relevant Industries

Legal Services

Financial Services

Insurance

Real Estate

Healthcare

Manufacturing

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Human Resources

Corporate Governance

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Executive Leadership

Insurance

Regulatory Affairs

Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Risk Manager

Claims Adjuster

Human Resources Manager

Contract Administrator

Business Owner

Executive Director

Department Manager

Legal Administrator

Paralegal

Corporate Officer

Insurance Underwriter

Industries






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