5352e – General Form Affidavit

Jurisdiction: Country: Canada | Province or State: Ontario

What is a 5352e – General Form Affidavit?

The 5352e is Ontario’s standard, fill-in-the-blank affidavit template. You use it to make a sworn or affirmed written statement of facts. It is accepted by many Ontario government offices, agencies, regulators, and private organizations when they ask for “an affidavit” but do not provide a specific court form.

An affidavit is not a contract. It is evidence. You sign it in front of a Commissioner for Taking Affidavits or a Notary Public, who verifies your identity and administers an oath or affirmation. By signing, you confirm the facts are true to the best of your knowledge. If you attach supporting documents, they become “exhibits” to your affidavit.

Who typically uses this form?

Individuals, landlords and tenants, business owners, corporate officers, property managers, insurers, HR teams, and estate trustees. If you need to prove a fact in a formal way outside of a specific court rule, this general form often fits.

Why would you need this form?

Because a recipient needs verified facts, not just a letter or email. The 5352e creates a formal record you swore or affirmed to be true. It is common when you are replacing a lost document, correcting a record, confirming ownership, or explaining events to a decision-maker who requires evidence in affidavit form.

Typical usage scenarios include:

• Proving you lost an original document and need a replacement (for example, a vehicle permit, share certificate, or licensing document).
• Confirming details for a business registry file, such as a change that was made in error, or the authority of a signatory.
• Explaining facts around a tenancy issue, such as payment history, notice delivery, or property damage, when an administrative body asks for an affidavit.
• Supporting an insurance claim with a sworn account of events or losses.
• Providing confirmation for banking or estate matters, such as your relationship to a deceased person or the location of assets.
• Clarifying identity discrepancies (name variations, date of birth conflicts) when asked by an institution.

If you are involved in a court case that prescribes its own affidavit form, use that court’s form instead. The 5352e is best for general administrative and non-court contexts, or when a specific tribunal or organization tells you to use a general affidavit.

When Would You Use a 5352e – General Form Affidavit?

You use the 5352e when an organization requires a sworn statement and does not provide a custom template. This often happens when you need to fix or explain something that is not fully shown by documents alone.

As a tenant, you might use the form to explain a payment timeline when your only proof is scattered transfers. You would attach bank statements as exhibits, then swear to the dates and amounts in your affidavit. A landlord might use it to outline property damage, attach photos as exhibits, and state when and how the damage occurred.

As a small business owner, you may use the form to confirm who owns the business, explain a change that was filed in error, or support a request to amend your public record. You might swear that you are the director or officer of the corporation and have personal knowledge of the facts, then attach board resolutions or registers as exhibits.

If you lost an original document, such as a vehicle ownership permit, a professional card, or an original share certificate, an institution may ask for an affidavit. You would use the 5352e to confirm how and when it was lost and that you have not assigned or pledged it to anyone else. You would attach any related correspondence, police file number, or supporting proof.

In insurance, you may be asked to provide an affidavit recounting the circumstances of a loss. You would set out the timeline, who was present, what was damaged, and the steps you took afterward. You could attach photos, receipts, and estimates.

For estates, an executor might swear an affidavit about the search for a will, the identity of next of kin, or the status of assets. For HR matters, a former employee might need to affirm employment dates or the non-receipt of a record if the employer asks for a sworn statement.

You can also use the form when a bank or government office asks for a sworn statement to clear up identity inconsistencies, such as a maiden name versus married name, or slight spelling differences across documents. You would explain the differences and attach copies of ID as exhibits.

In each case, the form provides a reliable way for the recipient to evaluate your facts: clear, structured, and sworn.

Legal Characteristics of the 5352e – General Form Affidavit

The 5352e becomes legally effective when you sign it in front of an authorized commissioner or notary who administers an oath or affirmation and completes the jurat (the certification at the end). Without commissioning, it is just an unsworn statement and will not carry the same weight.

Is it legally binding?

An affidavit is a sworn statement used as evidence. It does not create obligations like a contract, but it is legally significant. If you make a false statement on purpose, you risk serious penalties. Your affidavit can also be used against you if the facts are later disputed.

What ensures enforceability?

Three elements matter:

• Authority: The person who administers the oath or affirmation must be authorized in Ontario or recognized by the recipient. Many lawyers and licensed paralegals are commissioners. Many commissioners are also notaries. Out-of-province commissioning may be accepted if properly notarized; always confirm the recipient’s rules.
• Process: You must sign in the presence of the commissioner or notary. They verify your identity, ensure you understand the statement, and watch you sign. You can swear the oath (calling on a religious belief) or make a solemn affirmation (non-religious). Both are equally valid.
• Form: The affidavit must identify you clearly, set out facts in numbered paragraphs, and indicate whether each fact is based on personal knowledge or on information and belief. Exhibits must be marked and linked to the affidavit. The jurat must show the place and date, and be signed by both you and the commissioner.

General legal considerations:

• Personal knowledge: Affidavits should focus on facts you know first-hand. If you include information received from someone else, state the source (“Based on information from… which I believe to be true.”).
• Capacity and voluntariness: You must understand what you are signing and sign freely. If you need an interpreter, the interpreter may also need to swear an affidavit about the translation.
• Accuracy and completeness: Keep statements specific, dated, and precise. Avoid opinions and arguments.
• Confidential information: Only include sensitive data required by the recipient. Avoid including full account numbers or social insurance numbers unless necessary. Redact where appropriate.
• Remote commissioning: Video commissioning is available from many commissioners. Some recipients accept it; some still require in-person commissioning. Confirm before you proceed.
• Court rules: If you are in a court process with prescribed forms or page limits, use the court’s form. The 5352e is not a substitute for a court-specific affidavit where one is required.

How to Fill Out a 5352e – General Form Affidavit

Follow these steps to complete the form correctly and avoid rework.

1) Confirm the recipient’s requirements

Before you draft, ask the requesting organization exactly what they need:

• Do they accept the 5352e?
• Do they require notarization or is commissioning enough?
• Will they accept a remote (video) commissioning?
• Do they need the original wet-ink affidavit or a certified copy?
• Do they require specific content, exhibits, or wording?

Knowing this up front prevents delays.

2) Gather your facts and documents

List the facts you will swear to. Put them in date order. Collect any supporting materials, such as emails, photos, receipts, bank statements, corporate records, or IDs. Decide which will be exhibits. Mark each proposed exhibit with a simple label, like “Exhibit A—Photo of unit door, taken March 3, 2025.”

3) Complete your identity details

At the top of the form, you will enter:

• Your full legal name as it appears on your ID.
• Your city or town and province (usually Ontario).
• Your occupation. If unemployed or retired, state that.

If you are swearing as a representative of a company, say so early in paragraph 1. For example: “I am the Director of ABC Inc. and have personal knowledge of the matters set out in this affidavit.”

4) Write the body in numbered paragraphs

The core of the affidavit is a series of short, numbered paragraphs. Aim for one fact per paragraph. Use plain language and concrete details:

• Identify who, what, when, where, and how.
• Use exact dates and amounts.
• Avoid adjectives and speculation.
• If you rely on information from others, state the source and why you believe it.

Example structure:

1. I am the registered owner of the 2016 vehicle described in Exhibit A.

2. On May 12, 2025, I placed the vehicle permit in my wallet.

3. On May 14, 2025, I discovered my wallet was missing and filed a police report, number 12345, attached as Exhibit B.

4. I have not sold, assigned, or pledged the vehicle permit to any person.

If you need more space, continue on a separate page titled “Schedule A to the Affidavit of [Your Name]” and refer to it in the body (for example, “The list of payments is set out in Schedule A.”). Number schedule paragraphs consistently.

5) Refer to exhibits clearly

When you attach a document, refer to it in the paragraph that discusses it and label it sequentially: Exhibit A, B, C, and so on. Each physical exhibit page needs an exhibit stamp or statement from the commissioner or notary. They will sign and date it when commissioning your affidavit. Do not staple exhibits until the signing appointment, as the commissioner may need to place exhibit certificates.

6) Choose oath or affirmation

You may swear a religious oath or make a solemn affirmation. Both have the same legal effect. Tell the commissioner your preference. The commissioner will adjust the wording accordingly. If you are affirming, you will not be asked to hold or swear on a holy text.

7) Book commissioning and bring proper ID

You must sign in the presence of the commissioner or notary. Bring:

• Government-issued photo ID that matches the name on your affidavit.
• Your unsigned affidavit draft and all exhibits.
• Any witness or interpreter you require (confirm in advance if needed).

If commissioning by video, follow the commissioner’s instructions for identity verification and transmitting the signed pages.

8) Sign correctly and complete the jurat

Sign the affidavit only when the commissioner directs you to. Initial each page in the bottom corner. The commissioner completes the jurat at the end. The jurat must show:

• The place (city/town and province) where you signed.
• The date you signed.
• Whether you swore or affirmed.
• The commissioner’s signature, name, and authority (often with a stamp or seal).
• Your signature on the same date.

Do not backdate or postdate. Do not sign ahead of the appointment.

9) Handle corrections the right way

If there is a mistake, the commissioner will strike it through with a single line, write the correct text, and both of you will initial the change. Do not use white-out. Avoid blank spaces by drawing a line through any unused areas to prevent later additions.

10) Include corporate authority if applicable

If you are signing on behalf of a corporation, state your title and authority in paragraph 1. Attach supporting resolutions or corporate records as exhibits if the recipient expects them. Example: “I am authorized to sign this affidavit on behalf of ABC Inc. under the resolution attached as Exhibit C.”

11) Add schedules for long lists or narratives

If you have long tables (payments, inventory, timelines), put them in Schedule A, B, etc. Refer to each schedule in the body. Number each schedule page, and initial them during commissioning. Keep schedules organized to make review easy.

12) Finalize exhibits

At the commissioning appointment, the commissioner will:

• Place an exhibit stamp or statement on the first page of each exhibit.
• Identify the exhibit by letter and tie it to your affidavit.
• Sign and date each exhibit certificate.

Make sure every exhibit referenced in your affidavit is actually attached and certified.

13) Make copies and deliver as required

Many recipients require the original affidavit with wet signatures. Make a scan for your records. If you must file electronically, confirm file format, page limits, and whether color scans are needed for photos. If a certified copy is required, ask the notary to make and certify the copy.

14) Keep a clean record

Store a copy of your sworn affidavit and exhibits. Keep a note of when and where you commissioned it, who the commissioner was, and to whom you submitted it. This helps if questions arise later.

Practical drafting tips:

• Be concise. Short, factual paragraphs are easier to trust and review.
• Stick to facts you know. If you include belief-based statements, name the source.
• Use consistent names. If a person or entity has variants, explain them once and then use one version.
• Date everything. A timeline helps readers follow your story.
• Mind privacy. Redact account numbers and sensitive data unless required.

Common pitfalls to avoid:

• Signing before you see a commissioner. The affidavit must be signed in their presence.
• Mixing argument with facts. Save opinions for a cover letter if needed. Keep the affidavit factual.
• Forgetting the place and date in the jurat. The commissioner must complete these details.
• Mismatched exhibits. Every exhibit referenced in the body must be attached and properly identified.
• Using the wrong form for court. Courts often require their own affidavit forms; confirm before filing.

Remote and out-of-province scenarios:

• Remote commissioning: Many commissioners offer video appointments. The commissioner will verify your identity, watch you sign, and provide details in the jurat. Confirm the recipient accepts remote commissioning before proceeding.
• Outside Ontario: If you are outside the province, you can usually sign before a local notary public. Ask the recipient whether a notarial certificate or seal is required for acceptance in Ontario.

Interpreter needs:

• If you do not speak English or French fluently, arrange an interpreter. The interpreter may swear their own affidavit confirming accurate translation. The commissioner will handle this at the appointment.

Minors and capacity:

• A person who does not understand the nature of an oath or affirmation should not swear an affidavit. If the facts involve a minor or someone with limited capacity, consult the recipient about whether a guardian or different form (such as a statutory declaration) is appropriate.

Affidavit vs. statutory declaration:

• Some organizations accept either. An affidavit involves an oath or affirmation with a commissioner or notary. A statutory declaration is a solemn declaration, often used when no oath is preferred. If the request specifically says “affidavit,” use the 5352e unless told otherwise.

By following these steps, you will produce a clear, credible, and properly commissioned affidavit that most Ontario organizations can accept. In short: confirm the requirements, draft factual paragraphs, attach and label exhibits, sign in front of a commissioner or notary, and deliver the original as requested.

Legal Terms You Might Encounter

• Affiant or deponent means you, the person making the statement. In this form, you swear or affirm that the facts in your affidavit are true. Your name appears at the top and in the jurat at the end.
• Jurat is the block at the end where the commissioner signs. It records when and where you swore or affirmed the affidavit. It also shows the commissioner’s name and status. Without a proper jurat, the affidavit is invalid.
• Commissioner for taking affidavits is the official who swears or affirms you. This can be a lawyer, paralegal, notary public, or another authorized person. Their role is to verify your identity and witness your signature. Their details go in the jurat.
• Notary public is also authorized to take your oath or affirmation. A notary can commission your affidavit and notarize exhibits if needed. For this form, a commissioner or notary can usually sign. Pick one based on your filing needs.
• Swear or affirm is how you promise your statements are true. Swearing uses a religious oath. Affirming is a solemn promise without religious language. Both have the same legal effect on this form.
• Exhibit is a document you attach to support your statements. You must label each one, like “Exhibit A” or “Exhibit B.” The commissioner must sign or stamp each exhibit. You should refer to each exhibit in the body of the affidavit.
• Style of cause is the case title at the top of the form. It includes the court name, file number, and the parties’ names. Make sure it matches your court file exactly. A mismatch can cause filing issues.
• On information and belief means you did not see or do it yourself. You learned it from someone or something you trust. You can state facts this way if you name the source. Use it carefully for this form and be specific.
• Perjury is the crime of lying under oath. It applies when you swear or affirm this form. If you include false statements, you risk penalties and your case can suffer. Only include facts you know and can support.
• Service means delivering your filed affidavit to other parties. After you file, you often must serve a copy. Follow the applicable rules for timing and method. Keep proof of when and how you served it.

FAQs

Do you need a lawyer to complete the 5352e – General Form Affidavit?

No. You can complete it yourself. You are responsible for the content and accuracy. You still need a commissioner or notary to witness your signature. A legal professional can help with strategy or review if you want guidance.

Do you have to swear in person, or can you do it by video?

You can usually swear or affirm in person or by video with an authorized commissioner. Remote commissioning has rules. You must still show ID, confirm you understand, and sign properly. Ask the commissioner how they handle remote signings.

Do you need exhibits, and how do you label them?

Attach exhibits when you refer to another document, photo, or record. Label each one in order: Exhibit A, Exhibit B, and so on. Refer to them in the affidavit by the same labels. The commissioner must sign or stamp each exhibit page or exhibit cover page.

Do you need to sign every page?

You sign the jurat page in front of the commissioner. Many commissioners also initial each page. Initials help show no pages were added or changed later. Ask your commissioner if they require initials. You must sign again on any changes or added pages.

Do you need a commissioner or a notary?

Either can usually take your oath or affirmation for this form. A commissioner’s role is enough in most court filings. A notary can also notarize for use outside court, if needed. Confirm your court’s preference before you sign.

Do you need to use blue or black ink?

Use dark blue or black ink for legibility. Keep handwriting neat if you are filling by hand. If you type, print on clean, white paper. Avoid pencil or light ink. Smudged or faint text can delay filing.

Do you file the original, or can you file a scan?

Courts often accept scanned copies, especially for e-filing. Some matters may still require the original wet-ink version. Check the filing rules for your court and case type. Keep the original in a safe place in case the court asks for it.

Do you have to serve the other parties, and how?

You usually must serve a copy after filing. Timing and method depend on your case type and the filing stage. Common methods include email, mail, or personal delivery. Keep proof of service, such as an affidavit of service or email confirmation.

Checklist: Before, During, and After the 5352e – General Form Affidavit

Before signing:

• Confirm the court name, court level, and location match your case.
• Confirm the case title and file number match the last court filing.
• Gather facts and dates in chronological order.
• Collect exhibits: contracts, emails, letters, photos, invoices, logs.
• Mark exhibits clearly with labels (A, B, C). Keep them in order.
• Confirm names and roles of each party and witness you mention.
• Prepare contact details and addresses you need to include.
• Decide which statements are personal knowledge and which are information and belief.
• Prepare a short, clear purpose for the affidavit. Stay focused.
• Book a commissioner or notary. Ask about in-person or remote signing.
• Prepare valid ID for commissioning.
• Print the completed form and exhibits if signing on paper.

During signing:

• Review the caption: court name, file number, and party names.
• Check that your name and contact details are accurate.
• Confirm dates, amounts, and addresses in each paragraph.
• Ensure paragraphs are numbered and readable.
• Verify each exhibit is referenced in the body with the correct label.
• Place exhibit stamps or commissioner signatures on each exhibit.
• Cross out blanks that should not be filled to prevent later changes.
• Do not sign until the commissioner tells you to sign.
• Sign the jurat in front of the commissioner (or on video if remote).
• Initial any handwritten corrections. Have the commissioner initial them too.
• Confirm the jurat shows the date, location, method (sworn or affirmed), and commissioner’s details.
• Ask for a final copy with all pages and exhibits for your records.

After signing:

• File the affidavit with the court in the required format.
• Pay any filing fees if applicable.
• Serve filed copies on the other parties using an approved method.
• Prepare and keep proof of service if required by your case.
• Store the original signed affidavit in a secure place.
• Keep a digital copy with all exhibits in one combined file.
• Calendar any deadlines tied to your filing, such as response dates.
• Track which version you filed to avoid confusion later.
• If you spot an error, prepare a corrected affidavit and re-commission it.
• Update your affidavit index or document list for the case file.

Common Mistakes to Avoid

• Don’t forget to sign in front of a commissioner. If you sign alone, the affidavit is invalid. The court may reject it, and you will lose time.
• Don’t mismatch the case title or file number. A wrong caption can cause filing delays or misfiling. Always match your last court document exactly.
• Don’t attach unlabeled or unstamped exhibits. If exhibits are not labeled or signed by the commissioner, the court may disregard them. Label and stamp each exhibit.
• Don’t include speculation or argument. Affidavits should state facts, not opinions or legal arguments. Argument may reduce credibility and confuse your evidence.
• Don’t alter the affidavit after commissioning. Post-signing edits without re-commissioning can invalidate the document. If you must correct something, prepare a new version and re-sign before a commissioner.

What to Do After Filling Out the Form

1. File your affidavit with the court. Use the filing method your court accepts. That may be e-filing, in-person filing, or another approved process. Check formatting requirements such as page size, margins, and file naming if e-filing. Pay any required fees.
2. Serve your affidavit on all required parties. Use an accepted method for your case, such as email, mail, or personal delivery. Meet any timelines for service that apply to your filing stage. Keep proof of service, like an affidavit of service or delivery confirmation.
3. Organize your record. Save the stamped court copy and the service proof together. Keep a digital copy of the entire package, including exhibits, in one combined file. Back it up in at least two locations.
4. Plan for the next step in your case. Your filing may trigger deadlines for responses or hearings. Calendar key dates. Gather any additional documents you will need, such as reply affidavits or factums required later.
5. If you need to change or add facts, prepare a new affidavit. You cannot edit a commissioned affidavit. Draft a corrected or supplementary affidavit with a clear title. Identify what has changed. Re-commission it and file and serve it again as required.
6. If someone challenges your affidavit, respond with clarity. Review the specific issue raised. Consider a short supplementary affidavit to address the point. Support your response with exhibits if available.
7. Bring the right copies to any hearing. Judges and opposing parties may need clean, tabbed copies with exhibits. Confirm how many copies you must bring. Ensure exhibit tabs match the labels in your affidavit.
8. If you realize you filed in error, act quickly. Ask the court office about options to replace or withdraw the filing. Prepare a corrected version if needed. Serve the updated document promptly.
9. Maintain confidentiality where needed. Redact personal identifiers if required for the public record. Use initials or black out sensitive data where the rules allow. File unredacted versions only as permitted.
10. Keep your commissioner’s details handy. If the court questions the jurat, you may need to confirm the commissioning. Having the commissioner’s name and contact info speeds resolution.