Form 4D is the foundational evidentiary document in Ontario civil proceedings, requiring strict adherence to Rule 4.06. It must be sworn or affirmed before a Commissioner for Taking Affidavits and is heavily scrutinized for proper formatting, numbered paragraphs, and truthful content.
Form 4D – Affidavit is one of the most critical documents in Ontario civil litigation. Dictated by the Ontario Rules of Civil Procedure, specifically Rule 4.06, this form is used to present sworn or affirmed written evidence to the court. Whether you are filing a motion, initiating an application, or submitting evidence for summary judgment, the affidavit serves as your client’s testimony in written format.
Proper completion of Form 4D goes beyond merely typing out a statement. The document must be formatted with a precise general heading, the body must consist of consecutively numbered paragraphs restricted to single factual assertions, and the jurat (the swearing section) must strictly follow the rules depending on whether the oath was administered in person or virtually. Errors in formatting or commissioning can lead to the court clerk rejecting your filing or the presiding judge striking your evidence from the record.
This comprehensive guide provides an interactive, step-by-step breakdown of Form 4D. By utilizing the interactive preview below, legal professionals can ensure that every conditional block, jurisdictional variable, and formatting requirement is met before the document is presented to a Commissioner for Taking Affidavits.
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Interactive Form 4D – Affidavit Preview
Below is the live preview of the form. Click on any highlighted field or conditional block to jump directly to the detailed instructions.
⚖️ Include Court Seal (Court Seal) | Court File No. [Court File Number] |
ONTARIO
[Court Name]
(Proceeding commenced at [Court Location])
AFFIDAVIT OF [Deponent Name]
I, [Deponent Name], of the [Deponent City / Town Type] of [Deponent City Name], in the [Deponent County / Region Type] of [Deponent County Name]
,
Step-by-Step Guide to Filling Out Form 4D – Affidavit
⚖️ Include Court Seal placeholder
When to use this section: Since you are drafting Form 4D – Affidavit, this block should generally be deleted or left unchecked. The court seal is reserved for originating processes (like Statements of Claim) and official Court Orders issued by a registrar. Affidavits are sworn evidence and do not receive a physical court seal upon filing.
Legal Rule: Under Rule 14.04 of the Ontario Rules of Civil Procedure, only documents that officially commence a proceeding or formal orders require the registrar’s seal.
📝 Court File Number
What to enter: Provide the exact alphanumeric court file number assigned to this proceeding. Ensure you include all dashes and prefixes. If the affidavit is being filed alongside an originating process (like an Application) and the number is not yet assigned, write “TBD”.
Where to find this information: Check the top-right corner of the original Statement of Claim, Notice of Application, or your firm’s file management system.
Example: CV-25-00123456-0000
📝 Court Name
What to enter: Type the official name of the court handling your matter. It must be in full uppercase lettering to adhere to proper judicial formatting.
Where to find this information: Verify the jurisdiction of the file (e.g., Superior Court of Justice, Ontario Court of Justice, or Divisional Court).
Example: SUPERIOR COURT OF JUSTICE
⚖️ Include Court Location in Header
When to use this section: Activate this conditional block for all civil actions and applications. It generates the mandatory text “(Proceeding commenced at [City])” which defines the court registry overseeing the litigation.
Legal Rule: Dictated by Rule 4.02(1)(c) of the Rules of Civil Procedure, this identifies the local registrar’s office responsible for the file.
📝 Court Location (City)
What to enter: Simply input the name of the municipality where the court registry is physically located. Do not paste the full mailing address.
Where to find this information: The originating document will list where the proceeding was commenced.
Example: Hamilton or Toronto.
⚖️ Include Order Details
When to use this section: For Form 4D – Affidavit, you must exclude this block. This table format is strictly reserved for drafting formal judgments and orders (Forms 59A, 59B, 59C).
Legal Rule: Rule 59.03 outlines that only final or interlocutory orders contain the presiding judicial officer’s name and the date of pronouncement above the style of cause.
📝 Judge or Officer Name & Title
What to enter: If you were drafting an Order, you would place the name of the judicial officer here. Since this is an Affidavit, leave this blank or delete the surrounding block.
Where to find this information: The endorsement record or court docket.
Example: THE HONOURABLE JUSTICE BROWN.
📝 Order Date Text
What to enter: The date the order was pronounced. Again, this does not apply to Form 4D.
Where to find this information: The handwritten or typed endorsement from the judge.
Example: MONDAY, THE 10TH DAY OF AUGUST, 2026.
⚖️ Proceeding with no Defendant
When to use this section: Enable this block if the affidavit is being filed in an estate matter, a passing of accounts, or a statutory application without a responding party. It creates the “IN THE MATTER OF” centralized preamble.
Legal Rule: Form 4D of the Ontario Rules of Civil Procedure requires this specific non-adversarial heading for proceedings that do not have a standard Plaintiff and Defendant.
📝 Matter or Estate Name
What to enter: Type out the full legal description of the statute being invoked or the name of the estate. Use uppercase letters.
Where to find this information: The enabling legislation or the deceased’s legal documents (like a Will).
Example: IN THE ESTATE OF JANE SMITH, DECEASED.
⚖️ Include standard ‘BETWEEN’ block
When to use this section: Enable this block for all standard adversarial litigation matters. It inserts the classic “B E T W E E N :” formatting that visually separates the suing parties from the responding parties.
Legal Rule: Governed by Rule 4.02(1) and standard pleading templates like Forms 4A and 4B.
⚖️ List of Plaintiff(s) / Applicant(s)
When to use this section: Use this block to list the initiating parties. If there are multiple plaintiffs or applicants, loop this section to generate a new line for each party.
Legal Rule: Rule 5.01 allows multiple plaintiffs to join a single proceeding if they share a common question of law or fact.
📝 Plaintiff/Applicant Full Name
What to enter: The precise legal name of the person or entity initiating the claim or application. Include corporate suffixes where applicable.
Where to find this information: The client’s photo ID or a corporate profile report.
Example: JOHN MICHAEL DOE or 1234567 ONTARIO INC.
📝 Plaintiff(s) Role Status
What to enter: The legal designation of the initiating party. This aligns to the right margin of the document.
Where to find this information: Determined by the type of proceeding (Action vs. Application).
Example: Plaintiff or Applicant.
⚖️ List of Defendant(s) / Respondent(s)
When to use this section: Activate this block to list the responding parties. You must loop this block for every individual or corporation being sued to ensure the style of cause is accurate.
Legal Rule: Permitted under Rule 5.02 (Joinder of Defendants) to ensure all relevant parties are included in the litigation.
📝 Defendant/Respondent Full Name
What to enter: The exact legal name of the individual or corporation defending against the claim.
Where to find this information: Contracts, public registries, or motor vehicle accident reports.
Example: XYZ HOLDINGS LTD.
📝 Defendant(s) Role Status
What to enter: The legal title for the defending party, aligned to the right.
Where to find this information: Mirrors the initiating role. If “Plaintiff”, use “Defendant”.
Example: Defendant or Respondent.
⚖️ Include Third Party Claim (AND BETWEEN)
When to use this section: Activate this block only if a Defendant in the primary action has issued a Third Party Claim against someone not previously involved. This adds the mandatory “A N D B E T W E E N” divider.
Legal Rule: Required by Rule 29.01 and structured according to Form 29A to differentiate the main claim from the third-party claim.
⚖️ List of Third Party Plaintiff(s)
When to use this section: Use this loop to list the Defendant(s) who are actively launching the Third Party Claim.
Legal Rule: Rule 29.01 dictates that the party seeking contribution or indemnity must be clearly identified.
📝 Third Party Plaintiff Full Name
What to enter: The legal name of the Defendant initiating the third-party proceeding. It must match their name in the main block above.
Where to find this information: The primary style of cause.
Example: XYZ HOLDINGS LTD.
📝 Third Party Plaintiff Role
What to enter: The dual status of this party in the litigation.
Where to find this information: Defined by standard drafting conventions in Form 29A.
Example: Defendant and Third Party Plaintiff.
⚖️ List of Third Party Defendant(s)
When to use this section: Use this block to name the new party being dragged into the lawsuit via the third-party claim.
Legal Rule: Identifies the new party defending the secondary action.
📝 Third Party Defendant Full Name
What to enter: The precise legal name of the new entity or individual.
Where to find this information: Corporate searches or relevant contracts.
Example: ABC INSURANCE CO.
📝 Third Party Defendant Role
What to enter: The legal designation of the newly joined party.
Where to find this information: Form 29A.
Example: Third Party.
📝 Deponent Name
What to enter: Enter the full legal name of the person who is swearing or affirming the affidavit. This name will appear in the bolded title “AFFIDAVIT OF…” and in the opening paragraph. Do not use nicknames or abbreviations.
Where to find this information: Verify the spelling against the individual’s government-issued ID.
Example: SARAH JANE CONNOR.
📝 Deponent City / Town Type
What to enter: Select the correct municipal designation of the location where the deponent resides (e.g., City, Town, Township). Form 4D requires this to establish the deponent’s geographical location.
Where to find this information: The client’s address or municipal directories.
Example: City.
📝 Deponent City Name
What to enter: Enter the actual name of the municipality where the deponent lives.
Where to find this information: The client’s home address.
Example: Mississauga.
📝 Deponent County / Region Type
What to enter: Select the broader regional designation (e.g., County, Regional Municipality, District) where the deponent’s city is situated.
Where to find this information: Ontario municipal mapping resources.
Example: Regional Municipality.
📝 Deponent County Name
What to enter: Enter the name of the county or region corresponding to the selection above.
Where to find this information: Ontario municipal geography.
Example: Peel.
⚖️ Include Deponent’s Capacity?
When to use this section: Enable this block if the deponent is swearing the affidavit in a specific legal or professional capacity rather than just as a general witness. This is especially crucial if they are an officer of a corporate party, a litigation guardian, or a lawyer swearing an affidavit on a procedural matter.
Legal Rule: Rule 39.01 allows a person to swear an affidavit on behalf of a corporation, provided they specify their title and authority to do so in the opening paragraph.
📝 Deponent’s Capacity
What to enter: Detail the deponent’s title or relationship to the litigation.
Where to find this information: Corporate hierarchy or the party’s role in the action.
Example: the Plaintiff in this action or the President of the corporate Defendant.
📝 Oath or Affirmation
What to enter: Select whether the deponent will “MAKE OATH AND SAY” or “AFFIRM”. This dictates the opening bold text of the affidavit.
Where to find this information: Ask your client their preference. An oath is religious; an affirmation is secular.
Example: MAKE OATH AND SAY.
📝 Affidavit Body Paragraphs
What to enter: This is the core of the document. You must write out the factual statements clearly. Every paragraph must be numbered sequentially (1, 2, 3…). Do not include arguments or legal submissions here—only facts and references to exhibits.
Where to find this information: Derived from the client’s instructions, evidence, and supporting documents.
Example: 1. I am the Plaintiff and have personal knowledge of the matters sworn herein.
2. On January 1, 2026, I signed a contract with the Defendant. Attached as Exhibit “A” is a true copy of the contract.
⚖️ Sworn/Affirmed In Person?
When to use this section: Select this conditional block if the deponent and the Commissioner for Taking Affidavits are physically in the same room when the document is signed and the oath is administered. This generates the traditional, simple jurat text.
Legal Rule: Complies with the standard commissioning requirements under the Commissioners for taking Affidavits Act.
📝 Sworn or Affirmed (Jurat)
What to enter: Select the corresponding past-tense action of the oath taken (Sworn or Affirmed). This must match the choice made in the “Oath or Affirmation” field at the top of the form.
Where to find this information: Based on the client’s earlier selection.
Example: Sworn.
📝 Jurat City / Town Type
What to enter: Select the municipal designation of the location where the oath is being administered.
Where to find this information: The physical location of the law office or commissioning site.
Example: City.
📝 Jurat City Name
What to enter: The name of the municipality where the commissioner signs the document.
Where to find this information: Your office location.
Example: Toronto.
📝 Jurat County / Region Type
What to enter: Select the regional designation for the commissioning location.
Where to find this information: Ontario regional mapping.
Example: Regional Municipality.
📝 Jurat County Name
What to enter: The name of the region or county where the jurat is completed.
Where to find this information: Your office location.
Example: York.
📝 Date of Oath/Affirmation
What to enter: The exact date the deponent took the oath and signed the document. This cannot be backdated or forward-dated under any circumstances.
Where to find this information: The calendar date of the meeting with the commissioner.
Example: October 15, 2026.
⚖️ Sworn/Affirmed by Video (Same City)?
When to use this section: Activate this block if the affidavit is being commissioned virtually (via Zoom, Teams, etc.), but both the deponent and the commissioner are physically located in the exact same city and county at the time of the call. It modifies the jurat to cite the virtual commissioning regulation.
Legal Rule: Required by O. Reg. 431/20 (Administering Oath or Declaration Remotely), which mandates specific wording on the jurat to alert the court that the document was commissioned via electronic means.
⚖️ Sworn/Affirmed by Video (Different City)?
When to use this section: Use this block if you are commissioning the document virtually, and the deponent is in a different city or region than the commissioner. This generates the most complex jurat, noting both the deponent’s physical location and the commissioner’s physical location at the time of the video call.
Legal Rule: O. Reg. 431/20 requires accurate disclosure of the locations of both parties when a virtual oath is administered across different jurisdictions.
📝 Name of Commissioner
What to enter: The printed name of the lawyer, paralegal, or licensed notary public who is administering the oath. This appears below their signature line to ensure legibility for the court clerk.
Where to find this information: The professional title of the individual commissioning the document.
Example: MICHAEL T. LAWYER.
Supporting Documents & Filing Procedures
Required Documents
- Form 4D – Affidavit: The primary evidentiary document. It must strictly adhere to Rule 4.06 of the Rules of Civil Procedure. The body must consist of consecutively numbered paragraphs, each limited to a single factual assertion.
- Exhibits: Any supporting documents mentioned in the affidavit must be properly tabbed and stamped by the commissioner. The first exhibit is usually “Exhibit A,” followed by “Exhibit B,” and so on.
Deadlines & Service
- Timeline: The timeline for serving and filing Form 4D depends on the underlying proceeding (e.g., motion or application). For a standard motion, the moving party must serve the Motion Record (which contains the affidavit) at least seven days before the hearing.
- Service Rules: Affidavits must be served in accordance with Rule 16. Personal service or an alternative to personal service is typically required for originating processes, while email service via the lawyers of record is standard for interlocutory motions.
Filing & Fees
- Where to file: Form 4D is filed via the Justice Services Online (JSO) portal or in person at the Superior Court of Justice registry designated in the general heading.
- Gov Fee: There is no direct government fee to file an affidavit itself; however, filing the entire Motion Record or Application Record typically incurs a fee (e.g., $339 for a motion).
Common Pitfalls & Rejections
- Improper Formatting or Missing Signatures: Court clerks (Registry Officers) are meticulous regarding Rule 4.06. If your Form 4D – Affidavit lacks consecutive numbering, proper margins, or the commissioner’s stamp on exhibits, it will be rejected. Additionally, if the jurat date does not match the actual date of swearing, or if a wet signature is missing when required, the document is rendered invalid. Ensure you use a final pre-filing checklist.
- Incorrect Service Execution: Even if your Form 4D is perfectly drafted, failing to serve it within the strict timelines of Rule 37 (Motions) or Rule 38 (Applications) will lead to the judge refusing to hear your evidence. If an opponent is served late, they can request an adjournment with costs against your client. Always file a Form 16B Affidavit of Service to prove execution.
E-Filing Technical Rules
- Accepted File Formats & OCR: When e-filing Form 4D via the JSO portal, the PDF must be fully searchable (OCR applied) and saved in PDF/A format. The court portal enforces a strict 50 MB file size limit per upload. Proper file naming conventions (e.g., “MotionRecord_Affidavit_JohnDoe_01-Jan-2026.pdf”) are mandatory.
- Electronic Signatures vs. Wet Ink: For affidavits, O. Reg. 431/20 allows for remote commissioning and the use of secure electronic signatures. However, specific jurat wording must be used to indicate virtual commissioning. Maintain the original digitally signed file or wet-ink paper copy, as the presiding judge may request it for verification during the proceeding.
Next Steps & Special Scenarios
- Registry Review Process: After submission to JSO, Form 4D enters a “Pending” status while a clerk reviews it. This can take up to 5 business days. If a defect is found (e.g., an altered jurat or missing exhibit stamp), the clerk will issue a Requisition to correct the error. Once approved, the opposing party has a specific number of days to cross-examine the deponent or file their own responding affidavit.
- Out-of-Jurisdiction Service: If the deponent is swearing the affidavit outside of Ontario, the commissioning process must comply with section 44 of the Evidence Act. Special rules apply to who can administer the oath abroad (e.g., a notary public with a seal, or a Canadian diplomatic agent). Financial barriers can be addressed by applying for a Fee Waiver for the motion filing fees, though the affidavit itself bears no fee.
Frequently Asked Questions (FAQ)
What is the difference between an oath and an affirmation on Form 4D – Affidavit?
An oath is sworn upon a religious text, appealing to a deity to witness the truth of the statements. An affirmation is a secular, legally binding promise to tell the truth. Both carry the exact same weight under the Ontario Evidence Act and the Rules of Civil Procedure.
Can I swear Form 4D virtually in Ontario?
Yes. Under O. Reg. 431/20 (Administering Oath or Declaration Remotely), you can commission Form 4D via video conference. The commissioner and deponent must be able to see and hear each other simultaneously, and specific virtual jurat wording must be added to the document.
What happens if I discover an error in my Form 4D after it has been commissioned?
You cannot simply cross out or white-out text on a commissioned affidavit. Any alterations must be made in pen and initialed by both the deponent and the commissioner at the exact time of swearing. If the error is found later, you must swear a supplementary Form 4D or re-swear a corrected version.
How do I attach documents to my Form 4D – Affidavit?
Documents are attached as “Exhibits.” Each exhibit must be explicitly referenced in the body of the affidavit (e.g., “Attached as Exhibit ‘A’ is a copy of the contract”). The commissioner must physically or digitally affix an exhibit stamp to each attached document and sign it.
How can I complete this Form 4D – Affidavit faster and avoid formatting errors?
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