Form 30B – Affidavit of Documents (Corporation or Partnership)

Jurisdiction: Country: Canada | Province/State: Ontario

What is a Form 30B – Affidavit of Documents (Corporation or Partnership)?

Form 30B is a sworn affidavit used in civil cases in Ontario. It is the document your corporation or partnership serves to list all relevant documents in your possession, control, or power. It confirms what you have, what you claim is privileged, and what you once had but no longer have. You serve it on every other party during discovery.

“Documents” has a broad meaning here. It includes emails, texts, spreadsheets, PDFs, databases, photos, drawings, videos, and audio. It covers paper files and electronic information. It includes drafts and metadata. If you can retrieve a document on reasonable request, it is often within your control or power, even if held by an affiliate or a service provider.

Form 30B has three schedules. Schedule A lists all non-privileged documents you will produce. Schedule B lists privileged documents that you are not producing. Schedule C lists relevant documents you no longer have, with an explanation. The form is sworn by a representative who has knowledge of your organization’s records and litigation matters.

Who Typically Uses This Form?

Any corporation or partnership that is a party to a civil action in Ontario. That includes plaintiffs, defendants, third parties, and added parties. If you are a sole proprietor or an individual, you use a different form. If you are a corporation or partnership, you use Form 30B.

You need this form to meet your discovery obligations. Ontario’s discovery rules require full and honest disclosure of relevant documents. The form is the backbone of that disclosure. It tells the other side what exists and what you will produce. It sets the stage for examinations for discovery. You must serve it before you are examined, or as set out in your discovery plan.

Typical Usage Scenarios

Typical usage scenarios include contract disputes, shareholder claims, partnership disputes, construction matters, employment cases with corporate parties, and commercial lease cases. You also use it in professional negligence, product liability, franchise, or supplier disputes. If your organization is involved in a civil action, you will almost always complete a Form 30B. You do not use it in Small Claims Court or in most tribunal matters. It is for ordinary civil cases governed by the civil procedure rules.

When Would You Use a Form 30B – Affidavit of Documents (Corporation or Partnership)?

You use Form 30B after pleadings close and before discovery events proceed. It usually follows your discovery plan. You must serve it before any oral examinations for discovery. The goal is simple. The other side needs to know what documents you have before they question your representative. You often exchange affidavits of documents early, then supplement as needed.

You will use this form if you are a corporate plaintiff claiming unpaid invoices and change orders. You will use it if you are a corporate defendant responding to a breach of contract claim. You will use it if you are a partnership in a dispute with a former partner. You will use it in a commercial tenancy dispute. You will use it in a construction case after a lien is preserved and pleadings are delivered. You will also use it in a wrongful dismissal case if the employer is a corporation and records are at issue.

If your action proceeds under simplified procedure, you still serve an affidavit of documents. Discovery limits may change, but document disclosure remains. In complex cases, you should address e-discovery in your discovery plan. That includes custodians, date ranges, search terms, and production formats. You still use Form 30B to certify the results.

You do not use Form 30B for criminal or family matters. You do not use it for tribunal appeals, unless directed. You also do not use it if you are an individual party. In that case you use Form 30A. If you are unsure, check your status in the case. If the party named in the style of cause is a corporation or partnership, Form 30B is the right form.

Timing matters. Do not wait for a discovery date to start searching. Begin your collection and privilege review early. You need time to search, review, list, and produce. You also need time to consult with key employees and advisors. If you leave it late, you risk incomplete disclosure or delays.

Legal Characteristics of the Form 30B – Affidavit of Documents (Corporation or Partnership)

Form 30B is a sworn affidavit. It is evidence under oath. It is legally binding because the discovery rules require it and because you swear to its truth. The person swearing it must have personal knowledge or informed knowledge. They must be able to speak to the corporation’s or partnership’s records and searches. They must tell the truth about what was searched and what was found.

Enforceability rests on two pillars. First, the discovery rules mandate disclosure and production. Second, the court can make orders if disclosure is lacking. The other side can bring a motion if your affidavit is incomplete. A judge can order a further and better affidavit. A judge can order additional searches and productions. A judge can award costs for non-compliance. In serious cases, the court can strike pleadings or draw adverse inferences.

You must claim privilege correctly to avoid waiver. Common privileges include solicitor‑client privilege, litigation privilege, and settlement privilege. You list privileged documents in Schedule B without revealing their contents. You identify enough to assess the claim. You keep the detailed descriptions in a privilege log. You do not disclose the privileged material itself.

Your production is subject to an implied undertaking. The other side cannot use your discovery materials for any purpose outside the case. That protects confidentiality and privacy, subject to court orders. If disclosure risks harm, you can seek a protective order. You can also redact non‑responsive personal information where proportionate.

Your duty to disclose is ongoing. If you find new relevant documents after serving Form 30B, you must serve a supplementary affidavit. You must preserve relevant documents when litigation is likely or underway. Do not delete or destroy records. Suspend routine deletion where needed. Issue a legal hold inside your organization. Collect records from former employees where possible.

Electronic documents receive equal treatment. The same relevance and privilege rules apply. You should address formats, metadata, and deduplication in your plan. You should avoid excessive burden. Reasonableness and proportionality guide the scope of searches. You do not need to restore every backup tape if cheaper sources exist. But you must preserve sources you know hold unique, relevant data.

Finally, accuracy matters. False affidavits can lead to serious penalties. That includes cost sanctions, contempt findings, and professional issues for those involved. Take reasonable steps. Document your search process. Be ready to explain it.

How to Fill Out a Form 30B – Affidavit of Documents (Corporation or Partnership)

Follow these steps to prepare, swear, and serve a complete Form 30B.

1) Confirm you have the right form

• Use Form 30B if the party is a corporation or partnership.
• Use Form 30A if the party is an individual or sole proprietor.
• Check the exact party name against the pleadings.

2) Choose the right deponent

• Select a person with real knowledge of your records.
• They may be an officer, director, partner, or senior employee.
• They must be able to explain the search process and results.
• Ensure they understand the duty to tell the truth.

3) Map the scope of discovery

• Identify the issues in the pleadings. Set date ranges.
• List key custodians with relevant information.
• Map where records reside. Include email, shared drives, cloud, and devices.
• Note third‑party locations under your control or power.

4) Preserve and plan the search

• Issue a legal hold to stop deletion of relevant data.
• Instruct custodians not to alter or delete records.
• Agree on a discovery plan with the other side where needed.
• Set formats for production and reasonable timelines.

5) Collect documents

• Gather paper files from offices and off‑site storage.
• Collect ESI from servers, cloud accounts, and devices.
• Address ex‑employee accounts if you control them.
• Avoid self‑selection by custodians without guidance.

6) Review for relevance and privilege

• Filter by date ranges, custodians, and search terms.
• Review for relevance to the pleaded issues.
• Flag and withhold privileged material after legal review.
• Redact only when needed and justified.

7) Organize and label documents

• Assign control numbers to each document or family.
• Group similar documents into sensible categories.
• Keep an index that ties back to custodians and sources.
• Maintain a privilege log with details of Schedule B items.

8) Complete the style of cause

• Insert the court file number from your action.
• Use the exact title of proceedings from your pleadings.
• Identify “Plaintiff(s)” and “Defendant(s)” as they appear.

9) Identify the deponent and party

• State the full legal name of the corporation or partnership.
• State the deponent’s name, title, and relationship to the party.
• Confirm the deponent is authorized to swear the affidavit.

10) Describe the search in the body of the affidavit

• Describe the steps taken to locate documents.
• List the custodians consulted and repositories searched.
• State the relevant time period of the search.
• Confirm that the search was reasonable and proportionate.

11) Prepare Schedule A (non‑privileged, in your possession, control, or power)

• List documents you will produce for inspection.
• Use clear descriptions without revealing privileged content.
• Include dates, authors, recipients, and brief subjects.
• Group by category where volume is large. For example, “Monthly invoices to ABC Corp. from Jan 2022 to Dec 2023.”
• Tie descriptions to your control numbers.

12) Prepare Schedule B (privileged, withheld)

• List documents withheld on privilege grounds.
• Include date, author, recipient, and a general subject line.
• Identify the type of privilege claimed. For example, solicitor‑client or litigation privilege.
• Do not disclose the privileged substance.
• Keep a separate, more detailed internal privilege log.

13) Prepare Schedule C (no longer in your possession, control, or power)

• List relevant documents you once had but no longer have.
• Explain what happened. For example, “Destroyed under routine policy in 2020 before litigation.”
• Identify who has them now, if known, and any ability to obtain them.
• State any steps you took to try to retrieve them.

14) Address electronic sources and formats

• Note if you have produced emails with attachments as families.
• State the production format. For example, searchable PDFs or native spreadsheets.
• Confirm whether metadata is preserved where needed.
• Identify any sources not searched due to burden. Explain why that is reasonable.

15) Consider confidentiality and redactions

• Redact personal identifiers not relevant to the issues.
• Redact third‑party confidential terms where justified.
• If stronger protections are needed, seek a consent order.
• Reflect any agreed confidentiality designation in your cover letter.

16) Finalize the affidavit text

• Confirm all three schedules are attached.
• Include the standard paragraph on continued disclosure.
• Ensure internal references to schedules and numbering are correct.
• Proofread names, dates, and control numbers.

17) Swear or affirm the affidavit

• The deponent must sign in front of a commissioner for taking affidavits.
• Bring government ID. Do not sign in advance.
• The commissioner completes the jurat with date and location.
• The deponent and commissioner initial each schedule page.

18) Serve the affidavit and productions

• Serve Form 30B on every other party.
• Serve it at least 10 days before any examination for discovery, unless you agreed otherwise.
• Provide access for inspection. Deliver copies as agreed in your plan.
• Use a secure file transfer method for electronic productions.

19) Do not file the affidavit unless required

• Keep the original with your records.
• File it only if needed for a motion, conference, or trial issue.
• If filing schedules, remove privileged information or file under seal when ordered.

20) Manage follow‑up and supplements

• Answer reasonable questions about your search and listings.
• If asked, provide a more detailed description for Schedule B entries, without waiving privilege.
• If you find new relevant documents, serve a supplementary affidavit promptly.
• Track undertakings and refusals from discovery and produce responsive records.

21) Common pitfalls to avoid

• Do not use Form 30A by mistake for a corporation or partnership.
• Do not choose a deponent with no real knowledge.
• Do not ignore electronic sources like messaging apps or shared drives.
• Do not reveal privileged content in Schedule B descriptions.
• Do not leave Schedule C blank if records are missing.
• Do not sign without a commissioner present.

22) Practical examples of entries

• Schedule A example: “Email thread between CFO and ABC’s controller dated May 14–16, 2023 re payment schedule (CORP‑000123 to CORP‑000129).”
• Schedule B example: “Memo from in‑house counsel to CEO dated Aug 2, 2023 re litigation strategy. Solicitor‑client privilege.”
• Schedule C example: “Draft contract v3, April 4, 2022. Last known with external negotiator John Smith at SupplierCo. Not in our control.”

23) Handling affiliates and third parties

• Include documents held by subsidiaries or affiliates if you control access.
• Include documents held by service providers if you can obtain them on request.
• Explain limits where you lack legal right or practical access.

24) Foreign‑language and technical documents

• List them like any other document.
• Consider providing translations for key documents to aid discovery.
• Keep originals and translations linked by control number.

25) Quality control before service

• Reconcile the affidavit to the production set and privilege log.
• Check that every Schedule A item is actually produced.
• Spot‑check for inconsistent dates, authors, or duplicates.
• Ensure redactions are visible and reasoned.

By following these steps, you will produce a complete, accurate Form 30B. You will meet your disclosure duty and set discovery on the right track. You will also reduce the risk of motions, delays, and extra costs. Keep your process reasonable and proportionate. Keep records of your search. Update the affidavit when needed. That is what the rules expect from a corporate or partnership party.

Legal Terms You Might Encounter

• Affidavit. An affidavit is a sworn statement of facts. With Form 30B, you swear the corporation’s or partnership’s document list is complete to the best of your knowledge. You confirm you made reasonable inquiries before swearing.
• Deponent. The deponent is the person who swears the affidavit. For Form 30B, you act as the organization’s representative. You do not swear to your personal documents. You swear about the organization’s documents and your inquiries.
• Possession, control, or power. These three words define what you must disclose. Possession means the organization physically or electronically holds the document. Control means the organization can decide how the document is used or accessed. Power means the organization has a legal right to get the document, even if it is elsewhere. You disclose documents in any of these categories.
• Relevant document. A document is relevant if it could help prove or disprove any issue in the case. Relevance is not about whether the document helps you. It includes documents that may hurt your case. You include relevant documents in the appropriate schedule.
• Privilege. Privilege protects some documents from being produced. Common types are solicitor‑client privilege and litigation privilege. With Form 30B, you list privileged documents in Schedule B and state the privilege claimed. You do not attach the privileged content.
• Schedule A. Schedule A lists relevant documents in your possession, control, or power that you will produce. You describe each item so the other side can identify it. You then produce copies or allow inspection.
• Schedule B. Schedule B lists relevant documents in your possession, control, or power that you object to producing. You state the specific reason, such as privilege or another lawful objection. You describe the document enough to identify it, without revealing the protected content.
• Schedule C. Schedule C lists relevant documents that were once in your possession, control, or power, but are no longer. You explain what happened to them. For example, you might note when they were lost, destroyed, or transferred, and to whom.
• Reasonable inquiry or diligent search. You must make a real effort to find documents. That includes asking key people, checking systems, and reviewing storage locations. In Form 30B, you swear you made those inquiries before listing documents.
• Electronic document and metadata. Electronic documents include emails, spreadsheets, chats, and files in systems. Metadata is data about a file, such as author, date, and version. With Form 30B, electronic records count as documents. You should be ready to produce them in a usable format. You may need to preserve or produce metadata if it is relevant.
• Redaction. Redaction means blacking out part of a document before producing it. You may redact privileged content or narrow irrelevance. When you redact, you still list the document, and you state the basis for any withheld parts.
• Supplementary Affidavit of Documents. If you find new relevant documents later, you serve a supplementary affidavit. You update the schedules to keep your disclosure complete. Form 30B allows and expects updates when needed.
• Custodian. A custodian is a person or system that holds documents. Think business unit heads, shared drives, and cloud apps. Your inquiries should reach each custodian who might hold relevant records. Your Form 30B reflects what those custodians provide.

FAQs

Do you need to list emails, texts, and chats?

Yes. Emails, texts, chats, and collaboration posts are documents. If they are relevant and within possession, control, or power, list them. Group messages by thread or topic when practical. Keep attachments linked to the parent message. Do not separate attachments without cross‑references.

Do you file Form 30B with the court or only serve it?

You usually serve it on the other parties. You do not file it with the court unless asked by the court or needed for a motion or hearing. Keep a signed original and a service record in your file.

Do you include documents that harm your position?

Yes. Relevance controls, not advantage. You must disclose both helpful and harmful documents. If a document is privileged, claim that privilege in Schedule B. Do not withhold relevant, non‑privileged documents because they are unfavourable.

Do you need a commissioner or notary to sign Form 30B?

Yes. The representative must swear or affirm the affidavit before a commissioner for taking affidavits. That can be a lawyer, paralegal, notary, or another authorized person. Ensure the jurat includes the place and date of commissioning.

Do you have to list documents held by affiliates or service providers?

You must disclose documents in your possession, control, or power. If you can get records from a parent, subsidiary, or cloud vendor as a matter of right or contract, they are often within your power or control. Review contracts and policies. If you can demand the records, treat them as within your reach and include them.

Do you have to produce native files or is PDF enough?

It depends on what is reasonable and what was agreed in the discovery plan. Some data is best in native format to preserve formulas or metadata. For emails, you may produce in an agreed review format. If metadata is important, plan for it early. Reflect the chosen approach in your production and descriptions.

Do you need to update Form 30B if you find more records later?

Yes. Serve a supplementary affidavit when you identify new relevant documents or change your privilege claims. Do this promptly. Update your production set and index so everything stays consistent.

Do you need to list public documents or documents already held by the other side?

If a public or shared document is relevant, list it. You can note if it is public or already in the other party’s hands. If the other party already has it from you, keep it listed for a complete record. Clarity matters more than avoiding duplication.

Checklist: Before, During, and After the Form 30B – Affidavit of Documents (Corporation or Partnership)

Before signing

– Identify issues in dispute. Map those issues to likely document sources.
– Issue or confirm a litigation hold. Stop auto‑deletion across email, chat, and drives.
– List custodians. Include executives, project leads, finance, HR, and IT admins.
– Inventory systems. Email, file shares, cloud storage, chat apps, ticketing tools, ERP, and CRM.
– Collect data in a defensible way. Keep chain of custody notes.
– De‑duplicate and organize. Preserve parent‑child links for emails and attachments.
– Review for relevance. Separate non‑responsive material.
– Screen for privilege. Tag solicitor‑client and litigation‑privileged material.
– Prepare Schedule A item descriptions. Use clear, consistent naming.
– Prepare Schedule B entries. State specific privilege grounds and high‑level descriptions.
– Prepare Schedule C entries. Explain when and how items left your possession, control, or power.
– Agree on a discovery plan, if not already done. Set timelines and formats with the other side.
– Draft the affidavit text. Confirm the representative’s authority and knowledge.
– Book a commissioner for the oath or affirmation.

During signing

– Confirm the deponent’s full name, title, and authority to speak for the organization.
– Verify the jurat details. Place, date, and name of the commissioner must be correct.
– Check that the affidavit states you made reasonable inquiries.
– Confirm Schedules A, B, and C are attached, complete, and labeled.
– Ensure each Schedule B entry has a clear privilege claim.
– Spot‑check document descriptions against the source sets.
– Confirm page numbering and any exhibit tabs are consistent.
– Review confidentiality markings for produced documents.

After signing

– Serve the sworn Form 30B and the Schedule A production within the agreed timeline.
– Keep a service record. Note date, method, and recipients.
– Securely transfer electronic productions. Use agreed formats and media.
– Maintain a production index. Track Bates or control numbers and descriptions.
– Store originals and native files securely. Restrict access to need‑to‑know.
– Calendar update checks. Plan for supplementary affidavits if new documents appear.
– Prepare for examinations for discovery. Build your witness prep set from Schedule A.
– Monitor privilege. If privilege grounds change, update Schedule B accordingly.
– Keep the litigation hold in place. Do not lift it until the matter is fully resolved.

Common Mistakes to Avoid Form 30B – Affidavit of Documents (Corporation or Partnership)

• Listing only what IT can pull quickly. Don’t forget manual files, personal devices, and niche systems. Missing sources can lead to adverse inferences. You may face production orders and costs.
• Using vague Schedule B entries. Don’t write “privileged memo” without more. Give a meaningful description and the exact privilege claimed. Weak entries invite challenges and potential disclosure.
• Breaking parent‑child relationships. Don’t produce an attachment without the parent email. Disconnected items create confusion and extra disputes. Keep families intact, with clear links.
• Delaying supplementary affidavits. Don’t wait to update when new documents surface. Delay risks sanctions and credibility issues. Serve a supplementary affidavit promptly.
• Over‑redacting for “irrelevance.” Don’t black out aggressively without a clear basis. Over‑redaction invites motions and re‑production orders. Be targeted and keep a redaction log.

What to Do After Filling Out the Form Form 30B – Affidavit of Documents (Corporation or Partnership)

1. Serve the affidavit and produce Schedule A documents as planned. Follow the discovery plan timeline or the applicable rule. Use secure transfer tools and agreed formats.
2. Confirm receipt with the other side. Resolve any delivery issues. Provide a brief index to help them navigate the set.
3. Track and manage privilege challenges. Be ready to explain each Schedule B entry. Keep a privilege log. Consider narrowing disputes through agreed protocols, such as redactions or staged review.
4. Organize your working set for discovery. Tag key documents by issue, witness, and chronology. Build timelines from Schedule A materials. Prepare your representative for questions about the search efforts.
5. Address confidentiality. If the production contains sensitive business information, seek agreement on handling terms. Consider a consent order if needed. Keep protective markings consistent.
6. Plan for gaps and follow‑ups. If you listed items in Schedule C, identify any alternate sources. Ask third parties for copies where possible. Document all follow‑up efforts.
7. Prepare for examinations for discovery. Your witnesses should know what was produced and why. They should understand the search steps taken, at a high level. Align your testimony with the affidavit.
8. Update when new documents appear. If employees find overlooked files, act fast. Collect, review, and produce what is relevant. Serve a supplementary affidavit to keep the record accurate.
9. Coordinate with experts. If experts need business records, pull them from the same controlled sets. Avoid creating inconsistent versions. Keep one source of truth.
10. Maintain the litigation hold. Do not change retention rules until the matter ends and appeal periods pass. When you lift the hold, document the decision and timing.
11. Keep costs and proportionality in view. Tailor further searches to the issues. Use sampling where reasonable. Proportional discovery supports defensible decisions.
12. Be ready for motions. If a dispute over production arises, have your affidavits, logs, and indexes ready. Clear records of your search and decisions help resolve the issue.
13. When the case resolves, close out discovery. Confirm return or destruction of confidential material if agreed. Lift the litigation hold with care. Archive your discovery index and service proofs.