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Ontario Affidavit Of Service: Revise, Finish and download

welcome to you counsel in today'slecture we will discuss the exchange ofaffidavit of documents which is arequired step in any civil action inOntario and we will discuss this in thecontext of rule 76 which is a specificrule that simplifies certain proceduresin a civil proceeding in Ontario webegin with our usual disclaimer thatthis lecture is not legal advice so ifyou have any specific questions youshould contact a lawyer or a paralegalor the Law Society of Ontario for anyreferrals rule 76 is also calledsimplified procedures so in contrast toordinary procedure that covers all otherkinds of actions under the rules ofcivil procedure now we have previouslydone two videos on rule 76 if youhaven't watched those I would suggestthat you do because those videos dealwith some of the basic concepts of rule76 generally speaking what I can restatetoday is that rule 76 usually deals withmatter of money that are $100,000 orless so if you are suing someone for$100,000 then rule 76 is a better optionfor you rather than the ordinaryprocedure but you can also sue someonefor more than $100,000 under the rule 76but there are certain ways to do thatand for that I would suggest that youreview the other two lectures what youwant to remember regarding rule 76 isthat it the process is faster it issimpler and it is cost efficient sowhenever possible if you are theplaintiff if you are commencing a courtaction and if you can bring it underrule 76 then I would recommend that youdo so what are the basic steps they aresimilar to any other court action youexchange you serve and file yourpleadings and then you exchangeaffidavit of documents you conductexaminations for discovery if themediation applies in your area if it'smandatory then you should conduct amandatory mediation to attend apre-trial conference and then you takeyour matter to trial if it has notsettled by then today we'll talk aboutEffie David of documents which is step 2in this process affidavit of documentsis covered under rule seventy six pointzero three and so what does an affidavitof document contain it's a soar NephiDavid and it contains all documentsrelevant to anychoose in the action so I've highlightedI have underlined the important words inthis all documents so that means youcannot be selective about what documentsyou will produce if documents arerelevant whether they are favorable toyour case or unfavorable you arerequired to produce those documents sothat indicates all document termdocument contains all kinds of thingsit's not just paper document it could beemails faxes text messages videos audiorecordings any anything any tangible oreven intangible an electronic formdocument will be considered a documentso document has a very very broadmeaning any piece of evidence that isother than oral is generally a documentand you ought to produce it now comingto the word relevant a lot of ink hasbeen spilled in explaining what isrelevant and what is not relevant incourt cases so I will not get into thedetail here we may do another lecturebut what you want to understand is thatthe word relevant is a recent word inthe rules of civil procedure a few yearsago in the previous rules the word thatwas used was related documents and sothere's a difference between relateddocuments and relevant documents relateddocuments were considered to be morebroad anything that was related it maynot be directly relevant to the issuesthat was the language so it hadencompassed a lot more documents thanthe documents that could be relevant tothese specific issues but the rules wereamended and now the rule says relevantto any issue so these are the documents1that are relevant to the issues in1action what would be relevant if a1document proves or disproves any of the1issues in your action then that document1is relevant that is sort of the broad1definition you want to keep in mind but1as I said there are many many cases in1which parties are thought about what is1a relevant document and what is not a1relevant talk and the third part that1you want to remember is that the1relevant to any issues in the action so1let me explain that by way of an example1if a has borrowed money from B and has1not returned it and B has sued a for the1refund of that money let's say in that1process in that in that court action in1the statement of claim B says that there1was an email sent by a in which1a promise that he will pay the money1back by so-and-so date1let's say that is a factual statement1that has been made in the in the1statement of claim now the existence of1that email is a factual issue and the1content of that email is also1effectually so if you have that email it1does show or does prove whether the1email was sent or not or or was1exchanged and second whether the email1stated exactly what you are claiming so1in that situation that particular email1is a relevant document and you cannot be1selective about not choosing not to1disclose that email you're required to1disclose that email and even if that1email has certain contents that are not1favorable to the balance of your claims1but that email is relevant so so all1documents relevant to any issue in the1in this action that needs to be produced1that's sort of the general theme that1you want to remember but we'll try to do1a separate video on this to explain this1to you in more detail now what forms do1you use to prepare this affidavit of1documents if you are an individual party1than you use form 30 a and if you're a1corporation or partnership then you use1form 30 B there are four schedules in in1the affidavit of documents let me1quickly show you the form and see if we1can explain this to you through that1form so this is the form you can1download it it's available online just1type in Rules of Civil Procedure forms1and you will find this 30 a is there you1fill in the information about your name1where you state paragraph one is1important and this is what you stayed in1your affidavit I have conducted a1diligent search of my records and have1made appropriate inquiries of others to1inform myself in order to make this1affidavit so you have so you're1basically stating in this affidavit that1you have done everything you could to1find all the relevant documents either1in your own possession or if you had to1talk to someone else about it1you did so and that is why this1affidavit discloses to the full extent1of my knowledge information and belief1all documents relevant to any matters in1issue in this action that are or have1been in my possession control or power1so the documents that you are disclosing1the documents that you have in your1possession and the documents that you1have lost possession of or you had1possession once and you no longer have1those documents and that is those are1the things that you explain in schedules1a B and C so Schedule A basically lists1all the documents that are in your1possession and you do not object to1producing those Schedule B are the1documents that you do have in your1possession they're relevant to any1issues in this action but you are your1objecting to producing those because1they are privileged maybe you spoke to a1lawyer maybe you discussed your legal1options with a lawyer and in that you1discussed some of the aspects of your1case those are the documents that you1don't want to disclose and you you1basically state what those documents are1but then you say I am NOT disclosing1these because these are privileged2because of solicitor client relationship2Schedule C are those documents that you2had in your possession but you no longer2have those documents if you have if you2have lost those documents then you state2that if you if those documents are held2by someone else then you provide that2information2so you basically explain why you do not2have those documents anymore in your2possession you also need to under root276 you have to provide a Schedule D2which states the names and addresses of2any person who might reasonably have2knowledge of your case or the2transactions so it does not have to be2just the witnesses who are going to2support your case but any person who has2reasonably expected to have knowledge of2the issues in your case you have to say2the name of that person and the provide2their address lawyer certificate if you2are self-represented party you don't2need to provide that and use that you2attach your schedules to it and you2swear this affidavit sign it swear in2front of Commissioner for oaths taking2or a notary public or a lawyer okay so2for schedules a B and C you make sure2that they are in your affidavit of2documents now what is the time line for2the service of affidavit of documents it2is within 10 days after the closed-off2pleadings if you have reviewed my2previous lectures close of pleadings2means that you have either served the2reply in your action or receive the2reply in your action or the time for the2delivery2reply has expired and that is the date2when the pleadings are closed and you2have ten days from that time line to2serve your affidavit of document now as2a practical matter I have never seen any2counsel follow this time line ten days2in my entire 11 years of practice I have2never seen that happen but that is not2to say that you cannot ask for it2especially if you are the plaintiff and2you need to move your action fast and2forward you should be ready to serve it2within ten days and then demand from the2defendant the other party that they2should serve their documents within the2timelines in the rules of civil2procedure what is it that you need to2serve you need to serve the affidavit of2documents and copies of documents in2Schedule A why I'm emphasizing this is2because in the ordinary procedure you2only serve the affidavit of documents2and then the copies of documents you're2not required to add this at the same2time and what happens with the copies of2documents is that the other side if they2demand copies of the documents then2there is a cost for the production of2those documents and the other side will2pay you for that cost and then you2provide copies in this case under rule276 you have to do this at your own2expense so the rules are very specific2at your party's own expense you have to2serve the affidavit of document and2copies of document in your schedule okay2what you want to carry from this lecture2is that exchanging affidavit of2documents is a crucial step because it2contains all the relevant documentary2evidence on your side and on the other2side so it's a very important step it2enables both parties to assess assess2the merits of each other's case because2now you're looking at the documentary2evidence and matching to their claims to2their position whether their position is2actually proven by the documents that2they have provided or you have provided2it also enables parties to connect2effective examinations for discovery2because all the relevant documents have2been produced and now you can examine2the other side to elaborate on their2position through those documents or2explain the things that are gaps in2their position that you can find through2your examination for discovery we will2try to cover every derivative documents2in more detail we'll pick up each2section maybe Schedule A and do a3separate lecture and then similarly on B3C and D but for now I believe this gives3you a good sense of how you prepare your3affidavit of documents and then what is3the time line to exchange your affidavit3of documents thank you for watching

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Ontario Affidavit Of Service FAQs

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