Affidavit Of Lost Summons Template for Canada

The Affidavit of Lost Summons is a crucial document in Canadian legal proceedings when an original court summons cannot be located or has been destroyed. This sworn statement is required by courts across Canadian provinces and territories when parties need to replace a lost summons to proceed with legal action. The document must include specific details about the original summons, including its date of issuance, the parties involved, and the nature of the legal proceedings. It must also explain the circumstances of the loss and detail the efforts made to locate the document. The affidavit needs to be sworn or affirmed before a commissioner for taking affidavits and must comply with both federal and provincial rules regarding form and content. This document is particularly important as it helps maintain the integrity of court proceedings while providing a mechanism to continue legal processes when original documents are no longer available.

1. Title and Court Information: Identifies the court, court file number, and parties involved in the original summons

2. Deponent Information: Identifies the person making the affidavit, including their full name, occupation, and address for service

3. Statement of Authority: Establishes the deponent's relationship to the case and authority to make the affidavit

4. Details of Original Summons: Description of the original summons including date issued, parties involved, and nature of the legal action

5. Circumstances of Loss: Detailed explanation of when and how the summons was lost or destroyed

6. Search Efforts: Description of efforts made to locate the lost summons

7. Request for Replacement: Formal request for issuance of a replacement summons

8. Declaration of Truth: Standard declaration that the contents of the affidavit are true

9. Jurat: Closing section showing where and when the affidavit was sworn, with space for commissioner's signature