How do I "swear an affidavit"?

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kimashlynn
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How do I "swear an affidavit"?

by: kimashlynn on
Thu Mar 07, 2013 4:04 pm

I scheduled my Early Resolution meeting at Toronto West and I anticipate requesting disclosure if I can't resolve my issue.

I read about disclosure on:
http://www.ticketcombat.com/step4/disclosurehow.php

"For safety, if you fax your disclosure request, you should keep a copy of the fax confirmation page or better still, deliver it in person and swear an affidavit that you delivered it. This does not cost anything and can be completed by a commissioner of oaths at the court house."

Questions:
How do I obtain this affidavit? Does this happen when I submit my disclosure request in person? How do I prove that I submitted my request in person to Toronto West? Will I receive a receipt?

I'm sorry for all the silly questions. :roll:
I see many mentions of affidavits on this forum, but I couldn't find a post explaining how to swear an affidavit?

Thank you in advance!


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Simon Borys
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by: Simon Borys on
Thu Mar 07, 2013 9:54 pm

An affidavit doesn't really offer anything beyond what proof you can provide with a fax confirmation receipt. If they're not going to believe you sent in your disclosure request when you produce a fax confirmation receipt, they're not going to believe you just because you swore an affidavit about it.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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kimashlynn
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by: kimashlynn on
Thu Mar 07, 2013 10:08 pm

Simon Borys wrote:An affidavit doesn't really offer anything beyond what proof you can provide with a fax confirmation receipt. If they're not going to believe you sent in your disclosure request when you produce a fax confirmation receipt, they're not going to believe you just because you swore an affidavit about it.
I'm sorry, I didn't explain correctly. What if I submit the disclosure request in person? In that case, I wouldn't have a fax confirmation receipt.

How would I prove that I submitted the request? Would this be via affidavit? If so, how do I do this?




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kimashlynn
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by: kimashlynn on
Fri Mar 08, 2013 12:13 pm

Simon Borys wrote:Yes, typically this would be by affidavit evidence. It could also be by oral testimony.
Thank you. I would like to learn more about affidavit evidence.

How do I go about obtaining affidavit evidence?


viper1
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by: viper1 on
Fri Mar 08, 2013 9:07 pm

kimashlynn wrote:
Simon Borys wrote:Yes, typically this would be by affidavit evidence. It could also be by oral testimony.
Thank you. I would like to learn more about affidavit evidence.

How do I go about obtaining affidavit evidence?
I did this several times lately.

It really means squat.

But it is a history that you swore to the facts.
I did that at city hall here and they charged 28$
For another reason I went to service Canada and it was free (the affidavit)

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use at your own risk"


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Simon Borys
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by: Simon Borys on
Sat Mar 09, 2013 10:21 am

An affidavit is just your statement as to what you claim happened, notarized (and dated) by a notary public. The benefits of an affidavit are 2 fold: 1) since they are dated, they prevent the argument that you just made your statement up recently and 2) they are under oath, so they're supposed to bind your conscience and prevent you from lying. The second one is a bit of a legal fiction, since most liars will lie under oath the same as if they weren't under oath, but our legal tradition still places a great deal of weight on the oath.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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kimashlynn
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by: kimashlynn on
Sat Mar 09, 2013 10:45 am

Thank you Viper and Simon.

I will think about obtaining an affidavit. Of course, I would like to get one for free.
Is the best place to get one at Service Canada? I checked the website and I couldn't find anything about obtaining an affidavit... :(


viper1
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by: viper1 on
Sat Mar 09, 2013 1:43 pm

There 2 kinds
! is from a commissioner of oaths
the other is notary.(this will cost unless you know a lawyer)

At service Canada they are the first kind.(1 above)
It cost me nothing there.

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use at your own risk"


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by: bend on
Sat Mar 09, 2013 9:12 pm

Is there some reason you are against just faxing it?

You can go to Staples, Kinkos, and usually any place that copies or prints if you don't have access to a machine.


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