Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

4.06 (1) An affidavit used in a proceeding shall:

• (a) be in Form 4;

• (b) be expressed in the first person;

• (c) state the full name of the deponent and, if the deponent is a party or a solicitor, officer, director, member or employee of a party, shall state that fact;

• (d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and,

• (e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations.

(2) An affidavit shall be confined to a statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except that an affidavit may contain statements of the deponent’s information and belief with respect to facts that are not contentious, provided that the source(s) of the information and the fact of belief are specified in the affidavit, or except where these rules provide otherwise.

(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit:

• (a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;

• (b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the solicitor or party who filed the affidavit, unless the court orders otherwise in accordance with rule 2.01; and,

• (c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so.

(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or affirmed) by the above-named deponents” may be used.

(5) Where these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation.

(6) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer.

4.07 (1) Application records shall have a light blue backsheet of 176g/m² weight cover stock.

(2) Transcripts of evidence for use on an application, at trial or on appeal shall have a red backsheet of 176g/m² weight cover stock.

(3) Appeal books shall be bound front and back in buff 176g/m² weight cover stock.

(4) Transcripts of evidence for use in an appeal shall be bound front and back in red 176g/m² weight cover stock, except where the transcript forms part of the appeal book or record, and where there is more than one volume of transcripts, the volumes shall be clearly numbered.