Affidavit (Form 15B) – Rules of the Small Claims Court – Ontario Court Services

Form 15B, an affidavit form used in the Ontario Superior Court of Justice and Small Claims Court, serves to formally present facts and statements under oath. It is essential in various legal proceedings where a party must provide sworn evidence.

Follow this guide to ensure that you complete the form accurately and correctly.

Step-by-Step Guide

Court Information

1. • Superior Court of Justice or Small Claims Court: Indicate the correct court by selecting the appropriate option at the top of the form.
   • Claim No.: Enter the claim number assigned to your case.

Plaintiff(s)/Creditor(s) and Defendant(s)/Debtor(s)

1. • Plaintiff(s)/Creditor(s): Write the full names of the plaintiff(s) or creditor(s) in your case.
   • Defendant(s)/Debtor(s): Write the full names of the defendant(s) or debtor(s).

Affiant’s Information

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

Purpose of Affidavit

1. • Reason for Filing: Clearly state why the affidavit is being filed with the court. Provide a brief but specific description of the purpose (e.g., to provide evidence in support of a motion).

Statement of Facts

1. • Numbered Paragraphs: List the facts relevant to your case in numbered paragraphs. Each fact should be clear and concise.
   • Third-Party Information: If a fact is based on information from someone else, include their name and state that you believe this information to be true.

Additional Pages

1. • If you need more space to provide all the necessary information, attach additional pages. Ensure that you initial each attached page to confirm that they are part of your affidavit.

Sworn/Affirmed Process

1. • In Person
     • Select the “in person” option.
     • Location Details: Fill in the name of the city/town and county/region where you are swearing/affirming the affidavit.
     • Date: Enter the date when the affidavit is sworn/affirmed.
     • Signatures: Provide your signature as the deponent and the signature of the commissioner for taking affidavits.
   • By Video Conference
     • Select the “by video conference” option.
     • Same Location:
       • If both you and the commissioner are in the same city/town, fill in the city/town and county/region details.
       • Date: Enter the date of the video conference.
       • Signatures: Provide your signature as the deponent and the signature of the commissioner.
     • Different Locations
       • If you and the commissioner are in different cities/towns, provide the details for both locations.
       • Date: Enter the date of the video conference.
       • Signatures: Provide your signature as the deponent and the signature of the commissioner.
       • Regulation Compliance: Ensure compliance with O. Reg. 431/20 for administering oaths or declarations remotely.

Final Check and Submission

1. • Review the completed form to ensure all sections are filled out accurately and completely.
   • Ensure that all necessary signatures are obtained.
   • Submit the form to the appropriate court as per their submission guidelines.

Important Notes

• Accuracy: Ensure all information provided is accurate and truthful. It is a criminal offence to knowingly swear or affirm a false affidavit.
• Languages: If needed, the forms are available in both English and French on the Ontario Court Forms website.

By following these steps carefully, you can correctly fill out and submit Form 15B to support your legal proceedings.