Form 4D – Affidavit

Jurisdiction: Canada — Ontario

What is a Form 4D – Affidavit?

Form 4D is the standard affidavit used in Ontario civil court. It is a written statement of facts that you swear or affirm to be true. You sign it in front of a commissioner for taking affidavits, a notary public, or a lawyer licensed in Ontario. The court treats it as evidence. Judges read it to understand what happened, who did what, and when. When you need to put facts before the court, this is the form you use.

Who typically uses this form?

Anyone involved in a civil case in the Superior Court of Justice. That includes plaintiffs, defendants, applicants, respondents, and third parties. Company representatives, property managers, claims handlers, and investigators also use it. Professional advisors like accountants or engineers may use it when giving factual evidence. A witness who is not a party can also swear a Form 4D if their evidence is needed.

Why would you need this form?

You use a Form 4D when you want the court to rely on your version of facts. You attach documents to prove those facts. The affidavit becomes part of your motion record or application record. The judge will read it before the hearing and during argument. If someone disputes your facts, they can cross-examine you on your affidavit. Your answers on cross-examination also become evidence.

Typical usage scenarios

You may file a Form 4D to support a motion for substituted service when you cannot find the other party. You may use it on a motion to extend a deadline. If you seek an injunction, your affidavit sets out the urgent facts and attaches key documents. For a summary judgment motion, your affidavit describes the essential events and proves the documents you rely on. In a commercial case, you might attach the contract, invoices, emails, and payment history. In an estates case, your affidavit may verify a will notice or confirm asset details. In a construction lien matter, you might attach the lien claim, the subcontract, and proof of last supply. If you are asking to set aside default judgment, your affidavit explains the reason for the default and your proposed defense. Many orders are granted or refused based on affidavits and exhibits. The quality of your Form 4D can decide the outcome.

Form 4D is different from an affidavit of service. Service is proved using a specific service form. With Form 4D, you focus on the facts at issue and the documents that support them. It is also different from a factum. A factum is argument. Your Form 4D should avoid argument and opinions. Stick to facts, dates, numbers, and documents. Let your factum or your oral submissions address the law.

When Would You Use a Form 4D – Affidavit?

You use a Form 4D whenever a judge needs factual evidence outside of live testimony. In Ontario civil practice, motions and applications proceed on paper records. The backbone of those records is the affidavit. If you are bringing a motion, you will likely file at least one Form 4D. If you are responding, you will usually file your own.

As a plaintiff, you use a Form 4D to show that the defendant breached a contract. You attach the contract, your invoices, and proof of delivery. You explain the payment terms and the outstanding balance. If the defendant was noted in default, you describe the claim’s merits and attach proof of damages. If you need to serve a defendant outside Ontario, you may use an affidavit to support leave or to validate prior service.

As a defendant, you use a Form 4D to oppose a motion. You set out your version of events and attach supporting documents. If the plaintiff seeks summary judgment, you respond with facts showing a real defense. You attach emails, inspection reports, or expert materials if needed. If you need more time, you explain why and what you have done so far.

As a business owner or manager, you use a Form 4D to explain corporate records. You attach ledgers, statements, or system logs. You identify your role and how you know the records are accurate. You explain how the records are created and kept in the normal course of business. If you rely on records from your ERP or CRM, you describe the system in plain terms.

As a landlord in a commercial tenancy dispute, you use a Form 4D to show arrears and notices given. You attach the lease, notices of default, and rent ledger. If you seek a writ of possession, you attach proof of termination and any photographs of the premises. For residential tenancies, most matters proceed in a different tribunal. For commercial leases, the Superior Court may hear claims for arrears or possession.

As an executor, trustee, or attorney for property, you use a Form 4D in estates or trust proceedings. You may verify notices, explain asset values, or address objections. You attach account statements and appraisals. You show how you calculated distributions. If a beneficiary challenges a step, your affidavit provides the factual record.

As a construction contractor or supplier, you use a Form 4D to seek to vacate a lien on posting security, or to resolve holdback issues. You attach the lien claim, the contract, change orders, and delivery slips. You explain last supply dates and payment status. You may also use it to prove completion or substantial performance.

As a party seeking urgent relief, you use a Form 4D to support an injunction or preservation order. You set out the urgent timeline, the harm, and why damages are not adequate. You attach the non-compete agreement, the confidential information policy, or the IP registration. You include evidence of misuse or diversion.

You also use a Form 4D to put short updates on the record. For example, to advise that a party has complied with a prior order. Or to confirm that a condition was met. Often, a brief affidavit with a few exhibits can avoid a longer hearing.

For most motions and all applications, the court expects affidavit evidence. There are rare exceptions where oral evidence is heard on a motion. Most of the time, your Form 4D will be the primary evidence that the judge reviews.

Legal Characteristics of the Form 4D – Affidavit

A Form 4D is sworn or affirmed evidence. That makes it legally significant. When you sign it, you declare the truth of its contents. If you knowingly swear a false statement, you risk serious penalties. Those can include findings of contempt and criminal charges. This is why precision matters. Use dates and numbers. Avoid exaggeration. Correct mistakes before commissioning.

Is it legally binding?

An affidavit is not a contract. It does not bind the parties like an agreement. It is binding on you in the sense that you have sworn or affirmed it. The court treats it as your evidence. The judge will weigh its credibility and reliability. The court can rely on it to make findings of fact. The weight the court gives it will depend on detail, consistency, and supporting exhibits.

What ensures enforceability?

Proper commissioning is key. You must sign in front of a commissioner, notary, or lawyer who is a commissioner. The commissioner completes the jurat. The jurat records the place, date, and whether you swore or affirmed. The commissioner signs and prints or stamps their name and capacity. Each exhibit must carry an exhibit stamp or endorsement. The commissioner signs each exhibit page or the exhibit cover sheet. If you made changes, both you and the commissioner initial them. You cannot sign first and commission later. Remote commissioning is permitted under set conditions. The commissioner must verify identity and follow required safeguards. If you use remote commissioning, ensure the jurat states the location of both you and the commissioner.

The content must also meet evidence rules. Use facts within your personal knowledge where possible. You can include information and belief statements on most motions. When you do, identify the source. For example, “I am informed by John Smith, investigator, and believe it to be true.” For key issues like serious wrongdoing or urgent relief, courts expect more first-hand detail. Limit hearsay to what is proper for a motion. Avoid argument, speculation, and legal conclusions. Leave argument to your factum or oral submissions.

Exhibits must be relevant and legible. Attach full documents when context matters. If you attach excerpts, explain why and identify the full document. Do not attach settlement communications except where permitted. Protect privileged information. If you must file sensitive material, consider seeking a sealing or redaction order. Remember that affidavits are part of the court record. They may be accessible to the public unless an order says otherwise.

Opposing parties can cross-examine you on your affidavit. You must attend if properly scheduled. Your answers will be transcribed and can be read to the court. Cross-examination helps test credibility and fill gaps. Be ready to explain your role, your knowledge, and your exhibits. If you rely on business records, be able to speak to their creation and accuracy. If you cannot answer, say so. Do not guess.

Formatting and structure also matter. Use numbered paragraphs. Keep paragraphs short. Use a clear timeline. Refer to exhibits by letter and tab, like “Exhibit A, Tab 2.” Use your full name and city. State your role, like “I am the operations manager for the plaintiff.” The court expects clarity and neutrality. Avoid adjectives and adverbs that sound argumentative. Let the documents speak.

Finally, follow filing and service rules. Serve your sworn affidavit by the deadline set for the motion or application. File it in your record with a proper index and tabs. Late or improper filing can lead to adjournments or cost orders. If you need more time, seek consent or a timetable. The best affidavit in the world will not help if it is not before the judge.

How to Fill Out a Form 4D – Affidavit

1) Set up the court heading

• Use the standard court style
• Put the court file number at the top right. State “Superior Court of Justice”
• Insert the place of hearing, like “Toronto”
• Use the style of cause exactly as on prior documents
• Write the parties’ names and roles, like “Between ABC Inc., Plaintiff, and XYZ Ltd., Defendant”

2) Identify yourself as the deponent

• Start with your full name and city
• Add your occupation or role
• State your relation to the case. For example, “I am the defendant,” or “I am the controller of the plaintiff.”  This helps the court understand your perspective and knowledge.

3) Choose swear or affirm

• Decide whether you will swear an oath or make a solemn affirmation
• Both have the same legal effect
• The jurat will reflect which you chose
• Tell the commissioner your preference before signing

4) Organize your facts before typing

• Make a timeline
• List key events, dates, and amounts
• Gather the documents you plan to attach
• Label them A, B, C, and so on
• Check that each document is complete and legible
• Remove duplicates and irrelevant pages.

5) Draft in numbered paragraphs

• Keep each paragraph short and clear
• Use simple language and the active voice
• Stick to facts you know first-hand
• Where you rely on others’ information, say so and name the source. For example, “I am informed by our IT manager and believe.”

6) Introduce your role and knowledge

• Early in the affidavit, explain how you know the facts
• For a business record, describe the system and your duties
• For a site visit, say when you attended and what you saw. This foundation helps the judge assess reliability.

7) Attach and refer to exhibits

• When you mention a document, attach it as an exhibit
• Refer to it in the text, like “A copy of the contract is attached as Exhibit A.”
• Keep exhibit labels consistent
• If you have many documents, group them by topic
• Use a cover page for each exhibit with the label and a brief description

8) Prove key facts with documents

• Support important statements with exhibits
• For payments, attach bank records or receipts
• For delivery, attach signed packing slips
• For emails, include full headers where relevant
• For contracts, attach the signed version and all schedules
• If only a few pages are relevant, explain that only excerpts are attached.

9) Avoid argument and commentary

• Do not include legal analysis or attacks on the other party
• Do not speculate about motives
• If a document speaks for itself, let it
• Keep to what you saw, did, or recorded
• Reserve argument for your factum or oral submissions

10) Confirm attachments and pagination

• Number your affidavit pages
• Make sure exhibit pages are ordered and tabbed
• Confirm each exhibit matches the reference in the text
• Fix any typos or numbering issues before commissioning
• Do not leave blanks in the affidavit

11) Review for accuracy and completeness

• Check names, dates, addresses, and amounts
• Ensure all statements are true
• Remove anything you cannot support
• If you need to correct an error, do it before you sign
• Never change content after commissioning
• Any changes after commissioning require a fresh affidavit

12) Arrange commissioning. Bring government-issued photo ID to the commissioner

• If commissioning remotely, prepare to show ID on video
• Ensure the commissioner can see you sign
• The commissioner will ask if you read and understand the affidavit
• They may ask if you swear or affirm that it is true

13) Sign in the commissioner’s presence

• Sign at the end of the affidavit
• Initial each page and any handwritten changes
• The commissioner completes the jurat with the place and date
• The commissioner signs and prints their name and authority
• If an interpreter is used, include an interpreter’s declaration as required

14) Commission the exhibits

• The commissioner must sign the exhibit stamp or endorsement for each exhibit
• The endorsement should identify the exhibit letter and the deponent. For example, “This is Exhibit ‘A’ referred to in the affidavit of [Name] sworn [date].”
• The commissioner dates and signs that endorsement

15) Make copies and keep your set

• Create a clean PDF and a paper copy with tabs
• Keep a full set for cross-examination
• Ensure the PDF is text-searchable
• Large exhibits should be bookmarked by tab
• Confirm file size limits for e-filing, and split if needed

16) Serve the affidavit

• Serve all parties by the required deadline
• Use the service method allowed for the motion or application
• If service is by email, confirm consent or a prior order that permits it
• Keep proof of service
• If your affidavit is late, seek consent and explain the reason

17) File the affidavit with the court

• Include it in your motion record or application record
• Follow the formatting rules for the record
• Add an index, page numbers, and tabs
• File by the court’s deadline for your hearing date
• Pay any filing fees required for the event

18) Prepare for cross-examination

• Review your affidavit and exhibits line by line
• Bring the underlying records to the examination if requested
• Be ready to explain how the exhibits were created and stored
• Answer questions clearly and honestly.
• If you do not know, say you do not know

19) If you need to update, use a supplementary affidavit

• Do not alter a sworn affidavit
• If new facts arise, prepare a short supplementary Form 4D
• Number its paragraphs starting at 1 again or continue numbering clearly
• Explain why the new facts matter
• Serve and file it promptly

20) Common pitfalls to avoid

• Do not attach privileged or settlement documents
• Do not include opinions from non-experts as if they are facts
• Do not rely on anonymous sources
• Do not omit key documents that hurt your case.
• The judge expects a fair record, not a selective one.

21) Special notes for corporate deponents

• State your title and authority to swear
• Explain how the company maintains records
• Confirm that the exhibits are true copies from company systems
• If you rely on summaries, explain how you created them from underlying data.

22) Special notes for technical or expert content

• Form 4D is for facts. If you include expert opinions, ensure you meet expert rules.
• Often, expert evidence is delivered by a separate report and affidavit.
• If your affidavit includes technical data, use plain language to explain the basics.

23) Final check before the hearing

• Confirm the judge can follow your narrative without guessing
• Make sure each key fact has a page reference to an exhibit
• Prepare a brief list of your exhibits with one-line descriptions. This helps your counsel and the court during submissions.

By following these steps, you can complete a Form 4D that the court can trust. You present clear facts, supported by proper exhibits, in a format the judge expects. You reduce the risk of objections, delays, or unnecessary costs. Most importantly, you give the court what it needs to decide your motion or application.

Legal Terms You Might Encounter

• Affidavit. An affidavit is a written statement of facts that you swear or affirm are true. Form 4D is the standard layout you use to present those facts to the court. You sign it in front of a qualified official. The court treats your affidavit as evidence for motions, applications, or other steps.
• Deponent. You are the deponent if you make the affidavit. Your name appears in the opening paragraph, which states your role and how you know the facts. Every “I” in the affidavit refers to you as the deponent.
• Commissioner for taking affidavits. This is the official who takes your oath or affirmation and signs the form. They confirm your identity and that you swore or affirmed. Without their signature and details, Form 4D is not valid.
• Jurat. The jurat is the block at the end where the commissioner signs. It shows the date, city or town, and that you swore or affirmed. It also names the commissioner and records their authority. The jurat proves the affidavit was properly commissioned.
• Oath or affirmation. You can swear an oath on a belief or affirm if you prefer a non-religious promise. Both have the same legal effect. Form 4D will reflect that you swore or affirmed when the commissioner completes the jurat.
• Exhibits. Exhibits are documents you attach to support your facts. For each exhibit, you label it (A, B, C, and so on) and refer to it in the text. Each exhibit needs a signed exhibit stamp or statement from the commissioner.
• Personal knowledge. Personal knowledge means you saw, did, or experienced the facts yourself. Form 4D expects most facts to be from your personal knowledge. If you include information from others, say who told you and why you believe it.
• Hearsay. Hearsay is information you learned from someone else, not from your own observation. Some matters allow it, but it carries less weight. If you rely on hearsay in Form 4D, identify the source and context.
• Cross-examination. After you file the affidavit, another party may ask to question you on it. This is called cross-examination. It tests your credibility and the reliability of your exhibits. Keep notes and sources available in case it happens.
• Service. Service means you deliver your affidavit to every other party in the case. You do this after signing and before the hearing or step. Form 4D fits into a larger package, so plan your service with timelines in mind.

FAQs

Do you need to sign Form 4D in front of someone?

Yes. You must sign in front of a commissioner or other authorized official. They confirm your identity, administer your oath or affirmation, and sign the jurat. Do not sign in advance.

Do you have to use exhibits, or can you describe documents in the text?

Use exhibits for any document you rely on, like emails, contracts, or letters. In the affidavit, describe the document and refer to it by exhibit letter. Attach a clear, complete copy as the exhibit.

Do you need a lawyer to complete Form 4D?

No, you can complete and sign it yourself. That said, precise wording matters. A lawyer can help you focus your facts, avoid argument, and meet deadlines. Consider a brief review if the issue is complex.

Do you swear or affirm? What is the difference?

You choose. Swearing uses a religious oath. Affirming is a non-religious promise. Both create the same legal duty to tell the truth. The commissioner records your choice in the jurat.

Do you file the original or a copy with the court?

File the commissioned version as required for your step. Keep a copy for yourself and for service on other parties. Some processes accept an electronic copy. Follow the filing method set for your case.

Do you need to initial each page and each exhibit?

It is best practice to initial each page of the affidavit. The commissioner should sign the jurat and the exhibit stamps. This helps prevent disputes about missing pages or changes after signing.

Do you need to include hearsay if you lack personal knowledge?

Only include hearsay if you cannot get the same facts from personal knowledge or an exhibit. Identify the source and explain why you believe the information. Use direct evidence whenever possible.

Do you need to update your affidavit if something changes before the hearing?

Yes. If key facts change, prepare and commission a new affidavit or a supplementary one. Do not change a signed affidavit. File and serve the new affidavit so everyone has the same information.

Checklist: Before, During, and After the Form 4D – Affidavit

Before signing

• Confirm the exact purpose of the affidavit (motion, application, or other step).
• Gather the case name, court file number, and location.
• List every fact you need to cover, in date order.
• Collect exhibits: contracts, letters, emails, screenshots, photos, invoices, or records.
• For each exhibit, confirm it is complete, readable, and relevant.
• Plan exhibit labels: A, B, C, etc., matching your references in the text.
• Identify who has personal knowledge of each fact.
• For any hearsay, note the source and reason you rely on it.
• Draft the affidavit in clear, numbered paragraphs.
• Remove arguments, opinions, and conclusions. Keep to facts.
• Check names, titles, dates, amounts, and addresses for accuracy.
• Prepare a clean, final version for commissioning. Leave no blanks.
• Bring government-issued photo ID for commissioning.
• Book time with a commissioner and confirm any fee.

During signing

• Verify the caption: parties, file number, and court location.
• Confirm your full legal name, occupation, and city are correct.
• Confirm each paragraph is true to your personal knowledge or belief.
• Ensure every change is neatly made and initialed by you and the commissioner.
• Initial each page of the affidavit.
• Attach exhibits in order and confirm each one has a signed exhibit stamp.
• Refer to each exhibit correctly in the text (by letter and description).
• Choose oath or affirmation. The commissioner will record it.
• Sign only in front of the commissioner. Do not pre-sign.
• Watch the commissioner complete the jurat with date, location, and credentials.
• Take note of how the commissioner verifies your identity.

After signing

• Make complete copies for filing and service, including all exhibits.
• File your affidavit using the method set for your case.
• Pay any required fees at the time of filing.
• Serve every other party with the filed version, including exhibits.
• Prepare and file proof of service if the process requires it.
• Calendar the hearing date and any deadlines for response affidavits.
• Keep the original in a safe, accessible place.
• Prepare for possible cross-examination on the affidavit.
• Review your affidavit before the hearing to refresh your memory.

Common Mistakes to Avoid Form 4D – Affidavit

• Not signing in front of a commissioner. Don’t forget that your signature must be witnessed and commissioned. If you sign alone, the court may reject the affidavit, causing delay and extra cost.
• Missing or mislabeled exhibits. Don’t refer to “Exhibit A” without attaching it. Mislabeling or missing exhibits weakens your evidence and can force adjournments.
• Arguing instead of stating facts. Don’t use the affidavit to make submissions or accuse the other side. Argument belongs in your written or oral submissions, not in Form 4D. Mixing in argument risks parts being ignored.
• Using unclear timelines. Don’t skip dates or use vague terms like “recently.” Ambiguous timelines reduce credibility and make your evidence hard to follow.
• Changing the affidavit after commissioning. Don’t add pages, fix typos, or swap exhibits after signing. Altered documents raise integrity concerns and may be set aside. Use a fresh, commissioned affidavit for any change.

What to Do After Filling Out the Form Form 4D – Affidavit

1. File the affidavit promptly.
2. Submit the commissioned affidavit with all exhibits using the method set for your case.
3. Confirm you meet any deadline tied to your motion, application, or other step.
4. Serve all parties.
5. Deliver a copy to each other party.
6. Include exhibits.
7. Use a reliable method and keep proof of delivery.
8. If proof of service is required, prepare and file it right away.
9. Organize your record.
10. If the affidavit forms part of a record, insert it in the correct order.
11. Include a table of contents and numbered pages if the process calls for it.
12. Ensure exhibit tabs match your affidavit references.
13. Prepare for responses.
14. The other side may file responding affidavits.
15. Review them quickly and decide if you need a reply affidavit.
16. Keep replies short and focused on new points only.
17. Plan for cross-examination.
18. You may be asked to attend to answer questions on your affidavit.
19. Keep your exhibits and notes handy.
20. Schedule time to prepare and confirm availability if needed.
21. Address errors or updates.
22. If you discover a material error or new information, prepare a new or supplementary affidavit.
23. Do not mark up the signed version. Commission and file the new document and serve it.
24. Bring a clean copy to the hearing. Take the filed version with exhibits to the hearing.
25. Flag key paragraphs and exhibits for quick reference. Note the page numbers you will rely on.
26. Store your records.
27. Keep the original and all copies in a safe place.
28. Maintain a digital copy with clear file names.
29. Include the date, party name, and exhibit letters in the file names to help you find them.
30. Monitor deadlines.
31. Track hearing dates, deadlines for materials, and any further steps.
32. Use a shared calendar if you work with a team.
33. Build in buffer time for printing and service.