The Role and Purpose of the Affidavit of Documents

Hi Everyone, it's Kristy from Clearly Legal.

Let's talk today about the Affidavit of Documents.

The Affidavit of Documents (AOD) is, in Ontario at least, a required part of the litigation process; it is the part of litigation where your litigation evidence is provided in a sworn manner.

What is an Affidavit of Documents?

An Affidavit of Documents is a sworn statement listing all documents relevant to a legal dispute.

The purpose of the AOD is to make sure both sides know what evidence exists, at least at the specific period of time wherein the AODS are being produced. It tells you what documents can be shared and withheld.

Understanding the Different Schedules in the AOD

The AOD is divided into several schedules, each serving a distinct role in organizing documents:

• Schedule A

This schedule lists all documents in your possession that you do not object to producing. These are the materials you agree to share with the other party. Any kind of document (unless it should be in Schedule B instead) can be produced in this Schedule, and needs to be (unless it needs to be in Schedule B). (I've worked with Schedule A).

• Schedule B

Schedule B contains documents you have but claim privilege over. Privilege means you have a legal right to keep these documents confidential, such as communications with your lawyer or sensitive business information. (I've worked with Schedule B).

• Schedule C

This schedule lists documents no longer in your possession or control but that you once had. You must describe these documents and explain why you no longer have them. For example, if certain files were destroyed or lost, they would be noted here. (I've never actually seen an AOD with documents listed in Schedule C).

• Schedule D

Schedule D applies only under the Simplified Rules of civil procedure. Schedule D is your witness list. (I've worked with Schedule D.)

How Experience Makes a Difference

Since 2003, I have worked extensively with Affidavits of Documents in various litigation files. This experience has taught me how to spot potential issues early and organize documents efficiently.

The Affidavit of Documents is more than just a list. When it is organized, and in the organization process, it shows you where you need better copies of documents, where you need fully signed documents, where you to find an attachment to an email, the list goes on. Having someone extremely trained in this eye for detail gets your AOD done as cleanly as possible the first time...which is a cost saver. Having someone who can project manage your AOD gives you time for other files and other parts of this file. Contact me at kristy@clearlylegal.ca  and we'll chat.

Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal.