Affidavit for Jurisdiction (Form 11 A) – Rules of the Small Claims Court Forms – Ontario Court Services

The Affidavit for Jurisdiction (Form 11A) is a legal document used in the Superior Court of Justice, specifically within the Small Claims Court, in Ontario. This form is required when a plaintiff seeks to note a defendant in default and the service of documents occurs outside the court’s territorial division. The affidavit supports the plaintiff’s request to proceed with the action in the specified territorial division. The document serves as a formal declaration of the facts pertaining to the jurisdictional requirements of the court case, ensuring that the legal proceedings are properly located within the correct territorial division.

Filling out the Form 11A requires careful attention to detail to ensure all necessary information is provided accurately. Follow these steps to complete the form:

Court Information

1. • Superior Court of Justice: Ensure you have the correct court name at the top of the form.
   • Claim Number: Enter the claim number assigned to your case. This should be available from your initial filing documents.

Address and Phone Number

1. • Fill in the address and phone number fields with your current contact information.

Parties Involved

1. • Plaintiff(s): Enter the name(s) of the plaintiff(s) involved in the case.
   • Defendant(s): Enter the name(s) of the defendant(s) involved in the case.

Affiant’s Information

1. • Full Name: Write your full legal name.
   • Municipality and Province: Enter the municipality and province where you reside.

Affiant’s Declaration

1. • Indicate whether you are the plaintiff or a representative of the plaintiff(s).
   • If you are a representative, provide the name(s) of the plaintiff(s) you represent.

Purpose of the Affidavit

1. • Check the appropriate box to explain why the plaintiff is entitled to proceed with the action in the specified territorial division:
     • Where the event (cause of action) took place.
     • Where the defendant lives or carries on business.
     • The court nearest to the place where the defendant lives or carries on business.

Swearing/Affirmation

1. • Choose the method of swearing or affirming the affidavit:
     • In person: Complete the section with the location and date where the affidavit is being sworn.
     • By video conference: Follow the additional instructions for video conference if the deponent and commissioner are in the same or different cities/towns. Fill in the necessary location details and dates.

Signatures

1. • Signature of Commissioner: This should be the signature of the Commissioner for Taking Affidavits or a similar authorized official.
   • Signature of Deponent: This is your signature as the person making the affidavit.

Additional Notes

• Warning: Remember, it is a criminal offense to knowingly swear or affirm a false affidavit.
• Accessibility: Forms are available in English and French on the Ontario Court Forms website, where you can find accessible formats if needed.

By following these steps and ensuring all fields are accurately completed, you will have properly filled out the Affidavit for Jurisdiction (Form 11A). If you have any doubts or require further assistance, consider consulting a legal professional.