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Affidavit Of 2 Disinterested Person for Canada

Affidavit Of 2 Disinterested Person Template for Canada

An Affidavit of 2 Disinterested Persons is a formal legal document used in Canadian jurisdictions where two independent individuals who have no personal interest in the matter swear to or affirm certain facts. This document is particularly useful when primary documentation is unavailable or additional verification is required. The affidavit must comply with federal requirements under the Canada Evidence Act and relevant provincial legislation regarding sworn statements. It requires proper execution before a authorized official such as a Commissioner of Oaths or Notary Public, and must include clear statements of the witnesses' disinterest in the matter and their direct knowledge of the facts being attested to.

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What is a Affidavit Of 2 Disinterested Person?

The Affidavit Of 2 Disinterested Person is a crucial legal instrument in Canadian law, designed to provide verified testimony from independent sources. This document type is typically employed when primary documentation is unavailable or additional verification of facts is required by authorities. It must be executed in compliance with both federal and provincial requirements, including the Canada Evidence Act and provincial notary/commissioner regulations. The affidavit requires two witnesses who have no personal stake in the matter to provide sworn statements about specific facts within their direct knowledge. Common applications include verifying identity, confirming historical events, establishing facts for immigration purposes, or providing evidence for various administrative and legal proceedings. The document must be properly witnessed by a Commissioner of Oaths or Notary Public to be legally valid.

What sections should be included in a Affidavit Of 2 Disinterested Person?

1. Title and Jurisdiction: Specifies the type of affidavit and jurisdiction where it is being sworn

2. Affiant Information: Full legal names, addresses, and occupations of both disinterested persons making the affidavit

3. Statement of Disinterest: Declaration that both persons are disinterested parties with no personal stake in the matter

4. Subject Matter Introduction: Identifies the person, event, or matter about which the affidavit is being made

5. Statement of Facts: Clear, numbered paragraphs detailing the facts being attested to

6. Basis of Knowledge: Explanation of how the affiants came to know the facts they are attesting to

7. Declaration of Truth: Formal statement that the contents are true to the best of the affiants' knowledge

8. Signature Block: Space for signatures, dates, and notary/commissioner details

What sections are optional to include in a Affidavit Of 2 Disinterested Person?

1. Additional Qualifications: Section establishing specific qualifications or expertise of the witnesses, if relevant to the subject matter

2. Supporting Evidence Reference: Section referring to any attached evidence or documentation that supports the statements

3. Prior Attempts Documentation: Section describing attempts to obtain primary documentation, if the affidavit is being used as substitute evidence

4. Verification of Identity: Additional section required in some jurisdictions to verify the identity of the person about whom the affidavit is being made

5. Religious Declaration: Alternative declaration format for religious reasons, if required by jurisdiction or requested by affiants

What schedules should be included in a Affidavit Of 2 Disinterested Person?

1. Schedule A - Identity Documents: Copies of government-issued ID of the affiants (if required by jurisdiction)

2. Schedule B - Supporting Documents: Any relevant documents or evidence supporting the statements made in the affidavit

3. Schedule C - Proof of Qualification: Documentation proving the affiants' qualification as disinterested persons, if required

4. Appendix 1 - Additional Statements: Detailed statements that are too lengthy to include in the main affidavit body

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use

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