Form 109 – Affidavit (British Columbia)

Jurisdiction: Country: Canada | Province: British Columbia

What is a Form 109 – Affidavit (British Columbia)?

Form 109 is the standard affidavit form used in British Columbia courts. It is most often used in the Supreme Court of British Columbia. It is the template you use to present written evidence to the court. You sign it under oath or affirmation before an authorized commissioner.

An affidavit is a sworn statement of facts. It is not argument. It is not a letter to the judge. It is evidence the court can rely on when making orders. You can attach documents as exhibits. You can also identify the source of information not based on your personal knowledge.

Who typically uses this form?

Litigants and witnesses in civil court proceedings use it. That includes self‑represented people, lawyers, and representatives of companies. Government bodies and professionals sometimes use it when court rules require evidence in affidavit form. It is also used in chambers applications and interim hearings. In some family matters in Supreme Court, a different family form applies. But Form 109 remains the general affidavit format for civil matters.

Why might you need this form?

You need it when you must give the court facts in writing. You may need it to support an urgent order. You may need it to prove what has happened in your case. You may need it to explain why a deadline should be extended. You may also need it to attach emails, contracts, photos, or business records as exhibits.

Typical usage scenarios:

• You want an injunction and must show urgent facts.
• You want a freezing order and must prove the risk of dissipation.
• You apply to strike a claim and need to exhibit key documents.
• You oppose a motion and need to tell your side of the story.
• You seek summary judgment and must present admissible evidence.
• You need to show proof of service where a standard service affidavit does not fit.
• You need to support a contempt application with detailed events.
• You apply for a review of a registrar’s decision and must present evidence.

In each case, the Form 109 affidavit is the vehicle for your evidence.

The form is flexible but structured. It has a court style of proceeding at the top. It identifies the deponent, who is the person swearing the facts. It contains numbered paragraphs for the facts. It includes a jurat, which records the oath or affirmation. A commissioner for taking affidavits completes the jurat. If there are exhibits, each exhibit is marked and linked to the text.

If you are not in a court case, confirm that an affidavit is the right tool. Some agencies require a statutory declaration instead. A statutory declaration is different. It is not sworn, but you still sign before a commissioner. For court evidence, use an affidavit unless a rule tells you to use another form.

When Would You Use a Form 109 – Affidavit (British Columbia)?

Use Form 109 when a court rule or order requires evidence by affidavit. This is standard for chambers applications in the Supreme Court. A chambers application is a request for an order decided in writing or in a short hearing. The judge or master reads your affidavit before the hearing. The court relies on your affidavit to understand the facts.

Here are practical situations. You are a tenant seeking an order to stop a wrongful lockout. You attach your lease and photos of the lock. Your affidavit explains the sequence of events. You are a landlord seeking possession after repeated non‑payment. You attach the notices, rent ledger, and texts. Your affidavit sets out service and defaults. You run a business and need to enforce a non‑compete clause. You attach the contract and customer messages. Your affidavit details the lost clients and dates. You are a contractor seeking summary judgment for unpaid invoices. You attach the contract, change orders, and emails. Your affidavit confirms delivery of work and amounts owed.

You may also use it to address procedural issues. You seek to extend a deadline because of illness. Your affidavit explains the timeline and attaches medical proof. You seek to set aside a default judgment. Your affidavit explains the reason for default and your defense. You ask to vary a schedule for document production. Your affidavit sets out efforts made and obstacles faced.

Businesses use it for corporate evidence. A company officer swears facts about records and practices. The affidavit attaches corporate resolutions or contracts. The officer explains how records were kept. This helps address authenticity and business records rules.

Professionals use it for discrete facts. A process server swears an affidavit confirming service. An accountant swears an affidavit on calculations. An engineer may annex a report and swear to the facts in it. Be careful when presenting expert opinion. Expert opinion has its own rules. A general affidavit should stick to facts unless the court permits otherwise.

Self‑represented people use it to present their facts clearly. Use short, numbered paragraphs. Keep one point per paragraph. Refer to exhibits in the text. Avoid argument. Save legal arguments for your written submissions or oral argument.

If you need urgent relief, your affidavit is critical. It must cover all relevant facts. It must explain why delay would cause harm. It must address fairness to the other side. The court can deny relief if the affidavit is thin or vague.

Legal Characteristics of the Form 109 – Affidavit (British Columbia)

An affidavit is not a contract. It is a sworn statement of fact. It is legally significant because it is sworn or affirmed. You pledge that the contents are true to the best of your knowledge. False affidavits carry serious consequences. The court can find you in contempt. You can face criminal charges for perjury. Your credibility can be damaged in your case.

Is it legally binding?

It binds you to your statements. The court treats it as evidence. The court can rely on it to make orders. If the opposing party disputes your affidavit, they can cross‑examine you. Cross‑examination on an affidavit is under oath. The transcript can be filed with the court. If your affidavit is inconsistent, the court will notice.

What ensures enforceability?

Proper commissioning is key. You must sign in the presence of a commissioner. The commissioner must confirm your identity. The jurat must show the date and place of swearing or affirming. The commissioner must sign and state their capacity. If you use exhibits, each exhibit must be marked and referred to. The affidavit must have a clear style of proceeding if used in a court file.

The content must meet evidence rules. Stick to facts within your knowledge. Hearsay can be used in many interim applications. If you rely on information from others, identify the source. State that you believe that information to be true. For final orders, hearsay rules are stricter. The court may not accept untested hearsay for final relief.

Your affidavit should be relevant and proportional. Include facts that matter to the order you seek. Do not include needless detail. Do not include argument. Avoid speculation. Avoid opinions unless you are qualified to give them and the court allows it.

Format and process also matter. File the affidavit according to the court’s requirements. Serve it within the required timelines. Use the correct registry and file number. Ensure the pages are numbered. Ensure names are spelled correctly. Ensure dates and amounts are accurate. Errors can harm credibility or cause adjournments.

Remote commissioning may be possible. Some commissioners can take affidavits by video. If so, there are extra steps. The commissioner must be satisfied of your identity. You must be alone and free from influence. You must sign in a way the commissioner can see. The commissioner will complete the jurat noting the remote method. Ask the commissioner about their process before the meeting.

If you need an interpreter, arrange one in advance. The interpreter must be competent and neutral. The interpreter may need to swear an interpreter’s affidavit. This confirms accurate translation and your understanding. The commissioner must be satisfied that you understood the oath and the contents.

How to Fill Out a Form 109 – Affidavit (British Columbia)

Follow these steps to complete the form properly.

1) Confirm that an affidavit is required

• Check the rule, order, or practice direction for your application.
• If you are not in a court case, confirm whether a statutory declaration is required instead.
• If in doubt, ask the registry or a commissioner. They can confirm format, not legal advice.

2) Set up the style of proceeding

• At the top, insert the court: Supreme Court of British Columbia.
• Insert the registry location and file number. Use the exact case caption.
• Use the correct party names and capacities. Example: “Plaintiff” and “Defendant.”
• If your matter has no file yet, open a file before filing your affidavit.

3) Identify the deponent

• In the opening line, state: your full name, city, and occupation.
• Example: “I, Jordan Lee, of Vancouver, British Columbia, Project Manager, affirm that:”
• If you are swearing for a company, state your role and authority.
• Example: “I am the Controller of ABC Ltd. and have knowledge of its records.”

4) Choose oath or affirmation

• Decide whether to swear an oath or make a solemn affirmation.
• Both carry equal legal force. The wording will reflect your choice.
• Do not sign yet. You must sign in front of the commissioner.

5) Draft the facts in numbered paragraphs

• Use short, numbered paragraphs. One fact per paragraph.
• Keep language simple and direct. Avoid adjectives and argument.
• State facts within your personal knowledge first.
• If using information from others, identify the source.
• Example: “On information and belief, based on an email from Dana Li dated May 5, 2025, which I believe to be true…”
• If relying on business records, explain how they are kept and by whom.
• Example: “In the ordinary course of business, ABC Ltd. keeps sales ledgers in a secure system. I am responsible for those records.”

6) Refer to exhibits in the text

• Attach supporting documents as exhibits. Label them A, B, C, and so on.
• Refer to each exhibit exactly in the paragraph.
• Example: “A copy of the contract is attached as Exhibit ‘A’.”
• Use clear, legible copies. If a document is lengthy, include only relevant pages and identify them.
• Do not redact unless necessary. If you must redact, explain why.

7) Prepare and mark exhibits

• Each exhibit needs an exhibit certificate. A commissioner signs this.
• The certificate states: the exhibit letter, your name, and the date sworn.
• Place the certificate on the first page of each exhibit. Use a stamp or a typed slip.
• Number the exhibit pages if helpful. Keep the order consistent with your references.
• If you refer to photos or media, print images with captions or provide a clear description. Confirm the date and source.

8) Review for relevance and completeness

• Confirm that every fact supports the relief you seek.
• Remove argument, speculation, and repetition.
• Confirm dates, amounts, and names.
• Check that every exhibit is referenced in the text and attached.
• Ensure paragraph numbering is consistent.

9) Arrange the commissioning appointment

• Book time with a lawyer, notary public, or commissioner for taking affidavits.
• Ask what identification to bring. Government‑issued photo ID is standard.
• If remote commissioning is offered, confirm technology and process.
• If you need an interpreter, arrange this in advance and inform the commissioner.

10) Sign before the commissioner

• Bring the unsigned affidavit and all exhibits. Do not bind permanently before signing.
• The commissioner will verify your identity and administer the oath or affirmation.
• You will sign each required place. The commissioner will sign the jurat and exhibits.
• If there are corrections, both you and the commissioner must initial each change.
• The jurat must show the date, city, province, and the commissioner’s capacity.

11) Bind and label the affidavit

• After commissioning, assemble the affidavit and exhibits in order.
• Use a staple or binding that the registry accepts. Avoid loose pages.
• Number pages consecutively if not already done. Include a cover page if required by local practice.
• Ensure the style of proceeding and file number appear on the first page.

12) File and serve

• File the affidavit at the correct registry for your case.
• Pay any required filing fee. Some affidavits may not require a fee when filed with another document.
• Serve the filed affidavit on all other parties. Use the timelines for your application type.
• Keep proof of service. Keep a copy for use in the hearing.

13) Prepare for cross‑examination

• The other side may demand to cross‑examine you on your affidavit.
• Hold the originals of exhibits if authenticity may be challenged.
• Review your affidavit carefully before any examination.
• Answer questions truthfully and directly.

14) Update if facts change

• If facts change before the hearing, prepare a supplementary affidavit.
• Use the same style of proceeding. Refer to the earlier affidavit by date.
• Do not try to change an affidavit after it has been sworn.

Content tips to keep your affidavit effective:

• Use plain language. Judges and masters appreciate clear facts.
• Lay out events in chronological order.
• Include only what you need for the order sought.
• If you ask for urgent or extraordinary relief, address all key factors. Explain harm, timing, notice, and balance of convenience.
• For hearsay statements, name the source and state why you believe it.
• If a document’s authenticity may be in issue, identify the source and chain of custody.
• If confidentiality is a concern, consider sealing or redaction steps. Ask for directions in your application materials.

Examples of well‑framed paragraphs:

• “On April 3, 2025, I met with the defendant at our office at 10 a.m.”
• “We agreed on the price of $85,000. A copy of the signed estimate is Exhibit ‘B’.”
• “On April 28, 2025, I received the email attached as Exhibit ‘C’.”
• “I rely on the sales ledger for March 2025 attached as Exhibit ‘D’. I maintain these records in the ordinary course.”
• “On information and belief, based on the courier tracking attached as Exhibit ‘E’, the package was delivered on May 2, 2025.”

Common pitfalls to avoid:

• Do not sign outside the commissioner’s presence.
• Do not include arguments or case law in your affidavit.
• Do not attach documents you do not refer to.
• Do not omit the source of hearsay statements.
• Do not use sarcasm or speculation. It undermines credibility.
• Do not staple exhibits so thick that pages tear or go missing. Use sturdy binding.

Special considerations:

• Multiple deponents: Use separate affidavits for different witnesses. Each person must swear their own facts.
• Corporate deponents: State your role and how you know the facts. Confirm custody and control of records.
• Voluminous exhibits: Consider using a document brief. Keep the affidavit focused. Reference the brief as an exhibit if permitted.
• Sensitive information: Consider blacklining and a sealing request if needed. Explain why protection is necessary.

By following these steps, you give the court reliable, usable evidence. Your affidavit will be clear, complete, and properly commissioned. That sets you up for a focused hearing on the merits of your request.

Legal Terms You Might Encounter

• Deponent is the person who makes the affidavit. If you are the one telling the facts and signing, you are the deponent. Form 109 asks for your full name, city, and occupation so the court can identify you as the deponent.
• Affidavit is your written statement of facts, sworn or affirmed to be true. Form 109 is the standard format for that statement. You attach your facts in numbered paragraphs and confirm them under oath or affirmation.
• Oath and affirmation are two ways to promise the truth. An oath calls on a religious belief. An affirmation is a non-religious promise. Both have the same legal effect. On Form 109, you choose one before you sign, and the choice appears in the jurat.
• Commissioner for taking affidavits is the official who administers your oath or affirmation and signs the form. This can be a lawyer, notary public, or another authorized commissioner. You must sign Form 109 in this person’s presence. The commissioner completes the jurat and notes their authority.
• Jurat is the statement at the end of your affidavit that records when, where, and before whom you swore or affirmed it. It includes the place, date, your signature, and the commissioner’s signature and title. The jurat makes your Form 109 valid.
• Exhibit is a document, photo, or other item you refer to in your affidavit to support your facts. You label exhibits in order (A, B, C) and attach them behind the affidavit. Each exhibit has a short certificate from the commissioner linking it to your sworn statement.
• Personal knowledge means facts you know first-hand. Courts usually expect your affidavit to be based on personal knowledge. If you include second-hand information, you should say how you learned it and why you believe it to be true. Form 109 uses your short, direct statements to show your knowledge.
• Hearsay is information you got from someone else rather than through your own senses. Some hearings allow limited hearsay in affidavits, and others do not. If you include hearsay in Form 109, make it clear who told you, when, and why you rely on it.
• Style of proceeding (also called style of cause) is the case caption. It lists the court file number, court registry, and the names of the parties. Form 109 must match the exact style of proceeding used in your case so the registry and judge can place your affidavit in the right file.
• Service is the formal delivery of your affidavit to the other parties. After you complete Form 109 and file it, you usually need to serve it on the other side by an accepted method. Your hearing rules may set deadlines for service. Late service can limit whether the judge reads your affidavit.

FAQs

Do you have to sign Form 109 in front of a commissioner?

Yes. You must sign in front of a commissioner for taking affidavits, a lawyer, or a notary who is authorized to commission affidavits. Do not sign ahead of time. Bring valid photo ID. The commissioner will confirm your identity, administer the oath or affirmation, and sign the jurat.

Do you need to use an oath, or can you affirm instead?

You can do either. An oath references a religious belief, and an affirmation does not. Both carry the same legal weight. Tell the commissioner which you prefer. The jurat will note that you were “sworn” or “affirmed” on a specific date and place.

Do you need to attach originals for exhibits?

Use clear copies for court filing unless you are instructed to provide originals. Keep the originals safe. If a dispute arises about authenticity, you may need to show the original exhibits. Each exhibit must be labeled and linked to your affidavit with the commissioner’s exhibit certificate.

Do you need personal knowledge for every statement?

Aim for personal knowledge wherever possible. If you include information from someone else, say who told you, how you know them, and why you trust the information. Some hearings allow hearsay for certain points. Keep hearsay limited, specific, and supported by exhibits where you can.

Can you make changes after you sign?

You cannot alter a sworn affidavit. If you find an error or need to add facts, prepare a new affidavit with the corrections or additional facts and have it commissioned again. If the change is urgent and minor, some commissioners allow a correction at the time of signing, but you must initial each change, and the commissioner must re-initial as well. After you leave the commissioning appointment, do not write on the document.

Can you swear an affidavit remotely?

Some commissioners offer remote commissioning by video in limited situations. If you use remote commissioning, you still need acceptable ID, a clear line of sight during signing, and a way to show each page and exhibit. Ask the commissioner in advance about their process and any additional wording they require in the jurat.

Does Form 109 have to be typed, or can you handwrite it?

Typed is preferred for legibility. If you must handwrite, print clearly in dark ink. Avoid edits that make the page hard to read. Strike through any errors with a single line so the original text stays visible, write the correction nearby, and initial every change. The commissioner should also initial each change.

Do you have to file the affidavit before a hearing, and how early?

Yes. Most hearings require you to file and serve affidavits by set deadlines. File early enough for the registry to accept your documents and for you to serve the other parties on time. If you miss a deadline, you may need permission from the court to use your affidavit.

Checklist: Before, During, and After the Form 109 – Affidavit (British Columbia)

Before signing

• Confirm the exact style of proceeding: court registry, file number, and party names.
• List the facts you want to swear to, in date order.
• Draft short, numbered paragraphs. Use plain language and specific dates.
• Gather exhibits. Label them A, B, C in the order you mention them.
• Create clear copies of exhibits. Highlight or flag the relevant parts if helpful.
• Prepare an exhibit list with brief descriptions for your reference.
• Check names, addresses, dates, amounts, and spellings against source documents.
• Book a commissioning appointment. Ask about fees, ID, and remote options.
• Bring valid government-issued photo ID. Bring a second ID if you have it.
• Arrange an interpreter if you are not fully comfortable in English. Confirm the commissioner’s approach to interpreters.
• Print the affidavit single-sided with consistent margins. Number the pages.
• Leave the signature lines blank. You will sign in front of the commissioner.
• Bring a pen, your draft, your exhibits, and any filing information you have.

During signing

• Verify the style of proceeding and file number match your case exactly.
• Confirm your legal name, city, and occupation are correct on the first page.
• Review every page slowly. Fix any errors before you swear or affirm.
• Cross out mistakes with a single line, write the correction, and initial each change.
• Confirm exhibits match the labels in the text and appear in order behind the affidavit.
• Ask the commissioner to complete an exhibit certificate for each exhibit.
• Ensure the jurat shows the correct place, date, and the oath or affirmation.
• Sign the affidavit in front of the commissioner. Do not sign ahead of time.
• Initial the bottom corner or margin of each page if the commissioner asks.
• Check that the commissioner has signed and printed their name and authority.
• Keep the pages in order. Avoid re-stapling after signing unless the commissioner approves.

After signing

• Make a clean copy (or scan) of the signed affidavit and all exhibits for your records.
• File the affidavit with the court registry as required for your hearing or application.
• Pay any filing fee, if one applies to your document or application.
• Serve the filed affidavit on the other parties by an accepted method.
• Keep proof of filing and proof of service.
• Diarize the sworn date, filing date, and any service deadlines.
• Store the original affidavit and exhibits flat and secure. Avoid bending or loose pages.
• If you discover a material error, prepare a new affidavit promptly.
• Bring the original to your hearing if instructed, along with a spare copy.

Common Mistakes to Avoid

Signing outside the presence of a commissioner

• Consequence: The affidavit is invalid. The registry may reject it, or the court may refuse to consider it.
• Don’t forget: Sign only when the commissioner is watching and is ready to complete the jurat.

Using white-out or rewriting pages after commissioning

• Consequence: The court may doubt the integrity of the document. You may need to redo it.
• Don’t forget: Make clean corrections before you swear. If you find a mistake after, swear a new affidavit.

Mismatched exhibits and references

• Consequence: The judge may not find the proof you intend to rely on. Your point may carry less weight.
• Don’t forget: Check that “Exhibit A” in your text is actually Exhibit A behind the affidavit, and that each exhibit has a commissioner’s certificate.

Wrong style of proceeding or file number

• Consequence: The registry may place your affidavit in the wrong file or reject it. Your hearing may be delayed.
• Don’t forget: Copy the style of proceeding from your most recent court document. Compare every character.

Hearsay that lacks context

• Consequence: The court may give it little or no weight, especially on contested points.
• Don’t forget: Explain who told you, when, and why you rely on the information. Add exhibits where possible.

What to Do After Filling Out the Form

Commission the affidavit

• Book a commissioning appointment. Bring your unsigned Form 109, exhibits, and ID.
• Decide whether you will swear or affirm. Sign in the commissioner’s presence.
• Ensure the jurat and exhibit certificates are complete and legible.

File with the court registry

• File the affidavit in the same registry shown in your style of proceeding.
• If your affidavit supports an application, file it with or before the application materials as required by your hearing rules.
• Pay any required fee. Keep the receipt and the file-stamped copy.

Serve the other parties

• Serve the filed affidavit on each party using an accepted method.
• Meet any service deadlines for your hearing. If you are close to a deadline, serve immediately after filing.
• Keep proof of service, such as a delivery confirmation or a signed acknowledgment.

Prepare for your hearing

• Re-read your affidavit. Be ready to answer questions about your personal knowledge and exhibits.
• Bring copies for the judge and the other side if needed.
• Organize your exhibits so you can turn to them quickly.

Amend or supplement if needed

• Do not alter the sworn affidavit. If you need to fix an error, swear a new affidavit with corrected facts.
• If new information arises, prepare a supplementary affidavit. Use new exhibit labels.
• File and serve the new affidavit by any deadlines that apply.

Store and track

• Keep the original affidavit and exhibits in a safe, flat folder.
• Save a secure digital copy. Name the file with the date and purpose so you can find it fast.
• Note the sworn date, filing date, and the hearing date on your calendar.

Follow up after the hearing

• If the court directs further affidavits, start drafting promptly and book commissioning early.
• If an order depends on your affidavit, request a copy of the entered order when available.
• Update your records and keep all affidavits together with your case file.