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Affidavit Release for Canada

Affidavit Release Template for Canada

An Affidavit Release is a formal legal document used in Canadian jurisdictions that combines the elements of a sworn statement (affidavit) with a legal release. It serves as both a formal declaration of facts under oath and a binding agreement to release specific claims, rights, or obligations. The document must comply with Canadian federal and provincial requirements for affidavits, including proper witnessing by a commissioner of oaths or notary public, and contains detailed statements of facts, clear release language, and proper execution formalities.

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What is a Affidavit Release?

The Affidavit Release is a specialized legal document used in Canadian jurisdictions when parties need to combine a formal sworn statement with a binding release of claims or rights. This document type is particularly valuable in situations requiring both a detailed account of facts under oath and a legally binding release, such as in settlement agreements, insurance claims, or dispute resolutions. The document must be executed in compliance with Canadian legal requirements, including proper witnessing by a commissioner of oaths or notary public. The Affidavit Release typically includes specific details about the parties involved, relevant facts, the scope of the release, and any consideration provided. It's commonly used in business transactions, personal injury settlements, employment terminations, and other situations where a formal release backed by sworn statements is necessary.

What sections should be included in a Affidavit Release?

1. Title and Jurisdiction: Specifies the document type as an Affidavit Release and the jurisdiction where it is being sworn

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

3. Oath/Affirmation Statement: Standard declaration that the affiant is swearing/affirming the truth of the statements

4. Background Facts: Numbered paragraphs setting out the relevant facts and circumstances leading to the release

5. Release Statement: Clear and unambiguous statement of what claims, rights, or obligations are being released

6. Consideration: Statement of what is being given in exchange for the release

7. Understanding and Voluntary Action: Affirmation that the affiant understands the release and is acting voluntarily

8. Binding Effect: Statement that the release binds the affiant, their heirs, executors, and assigns

9. Governing Law: Specification that the release is governed by Canadian law

10. Signature Block: Space for affiant's signature and commissioner/notary details

What sections are optional to include in a Affidavit Release?

1. Multiple Parties: Additional section needed when the release involves multiple parties releasing claims

2. Confidentiality: Section required when the release includes confidentiality obligations

3. Non-Disparagement: Optional clause preventing parties from making negative statements about each other

4. Future Claims: Section specifically addressing the release of unknown future claims

5. Indemnification: Section where one party agrees to indemnify others against future claims

6. Severability: Clause stating that if any part of the release is invalid, the rest remains in effect

What schedules should be included in a Affidavit Release?

1. Schedule A - Description of Claims: Detailed list or description of specific claims being released

2. Schedule B - Related Documents: List of any related agreements, court files, or other relevant documents

3. Schedule C - Payment Details: Details of any settlement payment or consideration (if applicable)

4. Appendix 1 - Supporting Documentation: Copies of relevant documents referenced in the affidavit

5. Appendix 2 - Proof of Authority: Documentation proving the affiant's authority to make the release (if signing on behalf of an organization)

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

Insurance

Financial Services

Construction

Manufacturing

Healthcare

Real Estate

Professional Services

Transportation

Energy

Technology

Retail

Education

Relevant Teams

Legal

Compliance

Risk Management

Human Resources

Corporate Affairs

Insurance

Operations

Executive Leadership

Administrative Services

Document Management

Relevant Roles

Legal Counsel

Corporate Secretary

Risk Manager

Compliance Officer

Human Resources Director

Claims Adjuster

Contract Administrator

Legal Operations Manager

Chief Legal Officer

Settlement Officer

Corporate Paralegal

Insurance Underwriter

Business Operations Manager

Chief Executive Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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