Affidavit of Correction

Jurisdiction: Country: Canada | Province or State: Ontario

What is an Affidavit of Correction?

An Affidavit of Correction is a sworn statement that fixes an error in a document. You use it to identify the original document, explain the mistake, and state the correct facts. You swear or affirm the contents before a commissioner for taking affidavits or a notary public. It becomes part of the official record that supports the corrected information.

You may use this form to correct errors in legal, business, or government records. It helps when the original document has already been signed, filed, or registered. You cannot change what you meant to agree to at the time. You can only correct wrong details that do not reflect the truth.

Who Typically Uses This Form?

Individuals, small business owners, landlords, tenants, real estate professionals, and corporate officers use it. Finance teams, HR managers, and administrators also rely on it. Lawyers and licensed paralegals often prepare or commission it for clients. You do not need a lawyer to make one, but the statement must be sworn.

Why Would You Need This Form?

Because official records rely on accuracy. A single digit can block a transfer, payment, or registration. If you discover a typo or misstatement after filing, you need a reliable fix. The affidavit creates a clear trail that shows what changed and why. It reassures the recipient that the correction is true and justified.

Typical usage scenarios include these. You see that your last name is misspelled on a contract or invoice. The vehicle identification number on a bill of sale has transposed digits. A land registry instrument lists the wrong legal description or PIN. A corporate filing shows an incorrect registered office address. A license application uses a wrong birth date. A court form has the wrong date or file number. In each case, the Affidavit of Correction states the error, supplies the right details, and attaches proof.

The form is flexible. You can tailor it to the context. You can add exhibits and schedules that show the corrected details. The key is clarity, accuracy, and proper commissioning. Once sworn, you submit it to the body that holds the record. They can then update or annotate their file.

When Would You Use a Affidavit of Correction?

Use an Affidavit of Correction when a filed or signed document contains a factual mistake. You would use it when the error is clear and the fix does not change your original intent. It works best for clerical errors, misprints, transposed numbers, and identity details.

Consider these practical situations. You bought a used vehicle and notice the wrong VIN on the transfer paperwork. You prepare an affidavit that quotes the incorrect VIN and sets out the correct VIN. You attach a legible copy of the ownership and bill of sale. You swear the affidavit and submit it with the correction request.

You own a rental property and signed a lease with the wrong unit number. The rent receipts also show that wrong number. You prepare an affidavit that identifies the lease, the date, and the parties. It explains the error and confirms the true unit. You attach the lease and a photo of the doorplate showing the correct unit. You share the affidavit with your tenant and your accountant.

You run a corporation and filed an annual return with the wrong registered office. You prepare an affidavit by a director or officer. It identifies the filing date and the entity number, and sets out the correct address. You attach a copy of the original filing and utility proof. You submit the affidavit with the change notice.

You are a real estate agent and your client’s name is misspelled on a transfer. You prepare an affidavit from the client. It states the correct legal name and references government ID. It attaches a copy of the client’s ID and the transfer instrument. The affidavit supports a correction to the registered record.

You filed a court document with the wrong date. The affidavit explains the mistake and clarifies the correct date. You attach the original document as an exhibit. You request that the court accept the clarification or your amended filing.

You signed a contract that misstated your HST number. The affidavit confirms the correct number and explains the clerical error. You attach a CRA confirmation letter or a recent invoice with the correct number. The counterparty updates their vendor records.

Typical users include individuals, landlords, tenants, sole proprietors, corporations, and professionals. If you manage records, finance, HR, or compliance, you will likely use this tool. It helps you keep files aligned with reality without redoing entire agreements.

You would not use an Affidavit of Correction to change a deal’s terms. If you want to alter price, dates, or obligations, use an amendment or new agreement. If the error affects rights or ownership, the record holder may need consent from others. In some cases, a court order is required. The affidavit can still support that process, but it is not a shortcut.

Legal Characteristics of the Affidavit of Correction

An Affidavit of Correction is a sworn statement of fact. It is not a contract. It does not bind other parties by itself. Its power comes from the oath or affirmation and the evidence it presents. In Ontario, you must swear or affirm before a commissioner for taking affidavits or a notary public. The commissioner confirms your identity and that you swore to the truth.

Because you swear it, false statements can carry serious consequences. You risk penalties for perjury or making a false affidavit. That risk makes the affidavit strong evidence. Decision makers rely on it to correct records without further proof in many cases.

What ensures enforceability? Proper form and clear content. The affidavit must identify the original document. It must state the error and the exact correction. It should explain how the mistake happened, if known. It should confirm that the corrected facts are true. It must be signed and commissioned correctly. The jurat must show the date, place, and the commissioner’s details. Exhibits must be marked and referenced in the text.

Authorities accept affidavits when the correction is minor and supported. If your correction changes rights or material amounts, they may ask for more. They may require consent from other parties named in the document. They may require a fresh instrument or an amendment. They may ask for a court order if the record is already registered and relied upon.

An affidavit does not override a statute or a mandatory form. Some offices have their own correction forms. In those cases, attach your affidavit to their form if asked. If a statute prescribes a method to amend a record, follow it. Use the affidavit to provide the facts that support the change.

If the document affects a corporation, an officer or director should swear the affidavit. State your title and authority. If you act as an agent, attach written authorization. If the correction involves a minor, a parent or guardian may swear, as allowed. If your document is in a language other than English or French, attach a translation. The translator can provide a separate affidavit of translation.

General legal considerations are simple. Keep your statements factual and specific. Limit the affidavit to what you know first-hand, where possible. If you believe something based on records, say so. Avoid speculation. Quote the exact wrong text and the exact corrected text. Number multiple corrections for clarity. Attach clean, legible copies of all supporting records.

How to Fill out a Affidavit of Correction

These steps guide you from start to finish. Adjust details to match your situation.

1) Set the title and heading. At the top, write “Affidavit of Correction.” If the document relates to a court case, include the court style and file number. If it relates to a government file, include the file or reference number.

2) Identify the deponent. State your full legal name as it appears on your ID. Add your city and province. Include your occupation. If you speak on behalf of a business, add your title. Example: “I, Jordan Lee, of Toronto, Ontario, project manager, state as follows.”

3) Establish your capacity and knowledge. Explain your role and how you know the facts. Keep it short. Example: “I am the purchaser named in the bill of sale.” Or, “I am the corporate secretary and have custody of the records.”

4) Identify the original document. Give the document’s title and date. Include any reference numbers. For property, include the legal description or PIN, if known. For vehicles, include VIN, make, model, and plate, if any. For corporate records, include the entity or registration number. For licenses, include the certificate number. Example: “This affidavit concerns the Agreement of Purchase and Sale dated March 3, 2025.”

5) Quote the error exactly. Show the exact wrong text as it appears. Use quotation marks. Identify where it appears, such as page and paragraph. Example: “Paragraph 1 states the purchaser’s name as ‘Jordon Lee.’”

6) State the correct information. Write the correct text precisely. Use the same format as the original. Example: “The correct spelling is ‘Jordan Lee.’” Avoid vague language. Do not use “etc.” or “as appropriate.”

7) Explain how the error occurred, if known. Keep it factual. Example: “The name was typed from a verbal instruction and misspelled.” Or, “Two digits in the VIN were transposed during data entry.” If you do not know, say that the cause is unknown.

8) Confirm the scope of the correction. State that the correction does not change the parties’ agreement. Say that it aligns the record with the true facts. Example: “This correction makes the document consistent with the parties’ intent.”

9) Attach supporting exhibits. Add copies that prove the correct facts. Label each exhibit with a letter: Exhibit A, B, C, and so on. Suitable exhibits include ID copies, prior records, receipts, or correspondence. For vehicles, attach ownership and bill of sale. For property, attach a prior deed or tax bill with the correct description. For corporations, attach a minute book extract or utility bill for the address.

10) Refer to exhibits in the body. Each time you rely on a document, refer to it by exhibit letter. Example: “A copy of my driver’s license is attached as Exhibit ‘A’.” This links your statements to the proof.

11) Include any required consents. If others must agree, attach signed consents as exhibits. For example, the other party to a contract can sign a consent to correct. Refer to the consent in the affidavit text.

12) Add a clear request, if needed. Some authorities prefer a direct request. Example: “I request that the record be corrected to reflect the information above.” This makes your purpose plain.

13) Review for accuracy and clarity. Check names, numbers, and dates. Ensure all exhibits are legible and complete. Make sure exhibit letters match the references in the text. Fix formatting before you swear. Do not use white-out. If you must make a small handwritten change, initial it.

14) Arrange commissioning. Bring valid photo ID. Do not sign until you are in front of the commissioner or notary. The commissioner will ask you to swear or affirm that your statements are true. They will watch you sign every page if required. They will complete the jurat. The jurat shows the place, date, and their name and appointment. They will sign each exhibit stamp, if used.

15) Finalize the package. Make a complete copy for your records. Submit the original or a certified copy as required. Some offices accept scanned copies. Others require originals. If a fee applies, include payment.

16) Serve or notify other parties, if required. If the correction affects others, deliver a copy to them. Keep proof of delivery, such as email confirmation or a courier receipt. Some processes require service by set methods and timelines.

17) Follow up and track the outcome. Ask for written confirmation that the record was updated. Keep that confirmation with your affidavit. Update internal records to match the corrected information.

Practical Drafting Tips Will Help You Avoid Delays

Use clear, simple language. Keep sentences short. Avoid jargon. Quote the wrong and correct text exactly. If you have multiple errors, number each correction in a new paragraph. For example, “Correction 1: VIN,” “Correction 2: Purchaser name.” This structure keeps your affidavit easy to read.

Be precise with identifiers. For property, include municipal address and legal description. For vehicles, include VIN, year, make, and model. For corporate matters, include the full legal name and number. For personal records, include the exact name and date of birth.

Ensure names match ID. Use full legal names, not nicknames. If your legal name changed, attach proof of the change. Do not guess at spellings. Copy from official documents.

Mind format and legibility. Type the affidavit if possible. Use black ink if you must write by hand. Leave margins wide enough for stamps. Number the pages. Initial the bottom of each page if asked. Staple exhibits securely behind the affidavit. Do not obscure text with stamps or tabs.

If you act for a business, show your authority. Include your title and capacity in the opening paragraph. Attach a board resolution or authorization letter if helpful. If multiple people have knowledge, consider affidavits from each. Separate affidavits can cover distinct topics when needed.

If the correction is material, plan for extra steps. For example, a wrong purchase price affects taxes. The authority may require proof of payment and counterparty consent. They may request a new instrument. Your affidavit remains useful as the factual backbone. It explains the story and ties the evidence together.

If your situation involves deadlines, act fast. Corrections can take time to process. Some offices process by appointment or batch. An early, complete package avoids repeat visits or rejections.

If you are unsure whether an affidavit is sufficient, ask the receiving office what they accept. Some accept either an affidavit or a statutory declaration. Others have a prescribed correction form. You can still attach your affidavit to that form to strengthen your request.

Above all, keep the affidavit honest and precise. Say only what you know and can prove. Attach clear backups. Swear it properly. With those steps, your Affidavit of Correction will do its job. It will help the record holder fix the file with confidence.

Legal Terms You Might Encounter

You will see the word affidavit throughout this process. An affidavit is a written statement of facts you swear or affirm are true. You sign it in front of an authorized official. In Ontario, that official is a commissioner for taking affidavits or a notary public. A commissioner for taking affidavits can administer oaths or affirmations. A notary public can do that and can also notarize and certify copies. Many Ontario filings accept either. Some out‑of‑province recipients prefer a notary.

You are the deponent. That means you are the person making the sworn statement. You will take an oath or an affirmation. An oath calls on a religious belief. An affirmation is a solemn promise without religious content. Both carry the same legal weight.

The jurat is the block at the end of the affidavit. It records where and when you took the oath or affirmation. It also shows the name and authority of the commissioner or notary. The jurat must be complete and accurate.

You may need to attach exhibits. An exhibit is a document you attach to prove the correction. Think proof of payment, ID, a prior filing, or a letter from a record holder. The commissioner or notary should sign or stamp the first page of each exhibit. The affidavit should refer to each exhibit by letter, like “Exhibit A.”

You may be correcting a clerical error. That is a mistake in typing, dates, names, or numbers. You are not changing the underlying facts. If the facts themselves were wrong, that is an error of fact. Many agencies will not accept an affidavit to change the facts. They may need an amendment process or a court order.

You will deal with a record holder or custodian. This is the office or organization that maintains the record you want to correct. It could be a court office, a ministry, a land registry office, or a business. Always check that office’s rules for corrections.

You may hear filing and service. Filing means you submit the affidavit to the record holder. Service means you deliver a copy to other affected parties. Some corrections need both. The record holder’s rules tell you which applies.

You might see statutory declaration in forms. A statutory declaration is like an affidavit, but it is declared rather than sworn. In Ontario, both are commissioned. If the recipient asks for an affidavit of correction, do not use a statutory declaration unless they allow it.

Finally, you will see the term capacity. This is the role in which you sign. You may sign in your personal capacity. You may sign for a company or an estate. Use the correct capacity and include your title if you sign for an organization.

FAQs

Do you need a notary or can a commissioner sign it?

You can use either in Ontario. Both can commission your affidavit. A notary can also notarize and certify copies if needed. If you will send the affidavit outside Ontario, confirm if a notary is required. If the recipient does not say, a commissioner is usually fine for Ontario filings.

Do you correct a typo or can you change facts?

You use an affidavit of correction to fix clerical errors. You correct names, dates, addresses, or numbers. You do not rewrite what happened. You do not change legal rights. If the facts were wrong, ask the record holder about their amendment process. Some changes need a formal amendment or a court order.

Do you have to sign in person, or can you sign remotely?

Ontario allows in-person or virtual commissioning when done correctly. You still show valid ID. The commissioner or notary must see you sign. Ask the official if they offer remote commissioning. Confirm that the recipient accepts remote commissioning. Some recipients still prefer in-person signatures.

Do you need supporting documents?

Yes, if they exist. Attach clear copies that prove the correction. Add government ID for name or address issues. Add receipts, prior filings, or emails that show the error. Label each exhibit and refer to it in the affidavit. Do not attach originals unless asked.

Do you file the affidavit with a court or send it to the agency?

You file it with the record holder. That could be a court office, land registry, ministry, or organization. Follow their filing method. Some accept in-person or mail. Some accept secure online uploads. Include any cover page or reference number they ask for.

Do you have to notify anyone else?

Sometimes. If the correction affects other parties, you may need to serve them. Examples include co-owners, lienholders, or opposing parties in a court matter. Ask the record holder if service is required. If yes, use the delivery method they accept and keep proof of delivery.

Do you need witnesses besides the commissioner or notary?

No. The commissioner or notary is the only required witness. Do not sign until you are in their presence. If the recipient wants extra witnesses, they will say so. That is uncommon for affidavits in Ontario.

Do you pay a fee to file the affidavit?

Often, yes. There may be two fees. One for commissioning the affidavit. One for filing or processing the correction. The commissioner or notary sets their fee. The record holder sets the filing fee. Ask both before you proceed.

Checklist: Before, During, and After

Before signing

• Identify the exact error to correct.
• Confirm this form is accepted for your record type.
• Ask the record holder about fees, filing method, and timing.
• Gather your ID that matches the correct information.
• Collect proof of the correct information (e.g., prior filings, bills, letters).
• Obtain any required internal reference number or file number.
• Prepare contact details for all parties affected, if service is needed.
• Print or save clean copies of your draft affidavit and exhibits.
• Book an appointment with a commissioner or notary (in-person or remote).
• Confirm whether the recipient requires a notary rather than a commissioner.

During signing

• Verify your legal name and contact details are correct.
• Check the record details: file numbers, dates, addresses, and names.
• Confirm the correction statement is precise and complete.
• Review exhibit labels and cross-references (e.g., “Exhibit A”).
• Ensure the commissioner or notary completes the jurat fully.
• Confirm the location and date of commissioning are accurate.
• Make sure your capacity is correct if you sign for a company.
• Do not leave blanks. Strike through unused spaces if needed.
• Initial any handwritten corrections in the affidavit and exhibits.
• Sign only in the presence of the commissioner or notary.

After signing

• Make a clean copy of the signed affidavit and each exhibit.
• Pay any commissioning fee and get a receipt.
• File the affidavit with the record holder as instructed.
• Include any cover sheet, file number, or fee they require.
• If service is required, serve all parties and keep proof of delivery.
• Record the date filed, the office, and the contact person.
• Track processing time and note any confirmation number.
• Follow up by phone or email if you receive no update on time.
• Ask for written confirmation once the correction is made.
• Store the original affidavit in a secure place. Keep digital copies.

Common Mistakes to Avoid

• Using the wrong form or process. Some offices do not accept an affidavit of correction for certain changes. Consequence: Your filing gets rejected, and you lose time and fees. Don’t forget to confirm the correct process before you sign.

• Leaving out exhibits that prove the correction. The affidavit must tie to evidence when available. Consequence: The record holder cannot verify your claim. They may refuse the correction. Don’t forget to attach clear, readable exhibits.

• Signing outside the presence of the commissioner or notary. You cannot pre-sign and bring it in. Consequence: The affidavit is invalid. You must re-sign, and you may pay extra fees. Don’t forget to sign only when the official is watching.

• Getting names, dates, or file numbers wrong in the affidavit. A small mismatch undermines your request. Consequence: Processing delays or rejection. Don’t forget to match every number and spelling to the record and your ID.

• Trying to change facts rather than correct clerical errors. An affidavit of correction is not an amendment tool for substantive changes. Consequence: The record holder denies the request and may require a formal amendment or court order. Don’t forget to ask about the right path if facts were wrong.

What to Do After Filling Out the Form

• Commission your affidavit. Book with a commissioner or notary. Bring government ID. Have your exhibits ready. Sign only in their presence. Confirm they complete the jurat. If you need certified copies, ask the notary to provide them now.

• File with the record holder. Submit the affidavit and exhibits following their method. Include any reference number or cover sheet. Pay the required fee. Ask how you will receive confirmation. Note any expected processing time.

• Serve affected parties if required. If the record holder requires notice, serve all parties listed. Use the delivery methods they accept. Keep proof of service. If service is optional but helpful, consider sending courtesy copies to avoid disputes later.

• Monitor the correction. Mark a follow-up date on your calendar. If you do not receive confirmation on time, contact the office. Have your file number and submission details ready. Ask if they need anything else.

• Address downstream records. One correction may trigger updates elsewhere. Update your lawyer, accountant, or agent if involved. Update linked records like registrations, permits, or accounts. Provide the confirmation letter if asked.

• Store your records. Keep the original affidavit and proof of filing in a safe place. Save scanned copies in a secure digital folder. Keep receipts, tracking numbers, and any confirmation letters together. You may need them later to prove the change.

• If the correction is denied. Ask for the reason in writing. Clarify what evidence is missing or what process applies. You may need a different form, an amendment, or a court order. Prepare a revised package with the required proof.

• If another error appears. Do not alter the completed affidavit. Prepare a new affidavit of correction for the new issue. Follow the same steps. Keep your records organized so you can show the timeline of changes.