Author: Sherry Phillips
Company: CAS

FORM 223 - Rule 223

AFFIDAVIT OF DOCUMENTS

(General Heading -- Use Form 66)

AFFIDAVIT OF DOCUMENTS

	I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT:

	1.  I am the plaintiff (or as the case may be) in this action.

(or)

	I have been authorized by the plaintiff (or as the case may be), to make this affidavit.

	2.  I have conducted a diligent search of my/(name of party's) records and have made appropriate inquiries of others to inform myself in order to make this affidavit.

	3.  This affidavit discloses, to the full extent of my knowledge, information and belief, all of the documents relevant to any matter in issue in the action that are in my/(name of party's) possession, power or control, that were but are no longer in my/(name of party's) possession, power or control or that I believe are in the possession, power or control of a person who is not a party to the action.

	4.  I have listed and described in Schedule 1 all of the relevant documents, or bundles of relevant documents, that are in my/(name of party's) possession, power or control and for which no privilege is claimed.

	5.  I have listed and described in Schedule 2 all of the relevant documents, or bundles of relevant documents, that are or were in my/(name of party's) possession, power or control and for which privilege is claimed and have stated in that Schedule the grounds for each claim of privilege in respect of a document or bundle of documents.

	6.  I have listed and described in Schedule 3 all of the relevant documents, or bundles of relevant documents, that were but are no longer in my/(name of party's) possession, power or control and for which no privilege is claimed and have described in that Schedule how possession, power or control of any document or bundle of documents was lost and their current location, so far as I can determine.

	7.  I have listed and described in Schedule 4 all of the relevant documents, or bundles of relevant documents, that I believe are in the possession, power or control of a person who is not a party to the action and have described in that Schedule the identity of each such person, including the person's name and address, if known.

	8.  I am not aware of any other relevant document other than those that are listed in this affidavit or that are or were only in the possession, power or control of another party in the action.

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).

______________________________________
Commissioner for Taking Affidavits
(or as the case may be)
                                                 
_____________________________
(Signature of Deponent)

CERTIFICATE OF SOLICITOR

	I, (full name of solicitor), certify that I have explained to the deponent of this affidavit of documents the necessity of making full disclosure under Rule 223 of the Federal Courts Rules and the possible consequences of failing to do so.
	
	The documents listed in Schedule 1 to this affidavit may be inspected at (address) on (dates) at (times) or a place, date and time to be agreed upon.

(Date)

________________________________
(Signature of solicitor)

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SCHEDULE 1

	The following are all of the relevant documents, or bundles of relevant documents, that are in my/(name of party's) possession, power or control and for which no privilege is claimed:

(Number each document or bundle consecutively. Set out the nature and date of the document or bundle and other particulars sufficient to identify it.)

SCHEDULE 2

	The following are all of the relevant documents, or bundles of relevant documents, that are or were in my/(name of party's) possession, power or control and for which privilege is claimed:

(Include the grounds for claiming privilege for each document.)

 SCHEDULE 3

	The following are all of the relevant documents, or bundles of relevant documents, that were but are no longer in my/(name of party's) possession, power or control and for which no privilege is claimed:

(Describe how possession, power or control over each document or bundle was lost, and give the current location of each of them.)

SCHEDULE 4

	The following are all of the relevant documents, or bundles of relevant documents, that I believe are in the possession, power or control of a person who is not a party to the action:

(Include the identity of each person, including the person's name and address, if known.)

SOR/2004-283, s. 35