An Affidavit of Default is a crucial legal document used across Canadian jurisdictions when one party needs to formally document another party's failure to meet their obligations. This sworn statement details the circumstances of the default, includes supporting evidence, and must be executed in compliance with federal and provincial requirements for affidavits. The document is commonly used in various situations such as loan defaults, lease violations, contract breaches, or failure to comply with court orders. An Affidavit of Default is particularly important as it creates an official record that can be used in legal proceedings, debt collection efforts, or enforcement actions. The document must be sworn before an authorized official and typically includes exhibits or attachments that provide evidence of the default.
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1. Title and Court Information: Identifies the court jurisdiction, court file number if applicable, and parties involved
2. Affiant Information: States the full name, occupation, and address of the person making the affidavit
3. Basis of Knowledge: Explains the affiant's role and how they have direct knowledge of the matters stated
4. Background of Agreement/Obligation: Details of the original agreement or obligation that has been defaulted on
5. Statement of Default: Specific details of how and when the default occurred
6. Attempts at Resolution: Description of any attempts made to resolve the default or communications with the defaulting party
7. Current Status: Current situation regarding the default, including any amounts owing or ongoing breaches
8. Verification Statement: Standard sworn statement confirming the truth of the contents
9. Jurat: Commissioner's certification of when and where the affidavit was sworn
1. Demand Notice Details: Include when formal demands or notices were sent prior to the affidavit
2. Calculation of Amounts: Detailed breakdown of amounts owed, including interest calculations, when the default involves monetary obligations
3. Impact Statement: Description of how the default has affected the deponent or their business, used when seeking specific remedies
4. Third Party Verification: References to third-party verification of default, used when external parties were involved in confirming the default
5. Legal Authority: References to specific legal provisions or contract clauses, included when legal authority needs to be established
1. Exhibit A - Original Agreement: Copy of the original agreement or obligation document that was defaulted on
2. Exhibit B - Default Evidence: Documentary evidence of the default (e.g., bounced checks, correspondence, photos)
3. Exhibit C - Demand Notices: Copies of any formal demands or notices sent regarding the default
4. Exhibit D - Communication Records: Records of relevant communications with the defaulting party
5. Schedule 1 - Calculation Table: Detailed calculations of amounts owed, including interest and penalties, if applicable
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