An Affidavit of Records is a sworn document that sets out all of the ‘relevant and material records’ of the Plaintiff. The Plaintiff is required to provide the Affidavit of Records to the lawyer for the Defendant within 3 months of having received the Defendant’s Statement of Defence (the Defendant similarly has to provide its Affidavit of Records within 2  months of having received the Plaintiff’s Affidavit of Records).

The Affidavit of Records is a fairly standardized document that would look something like this :

Affidavit of Records of, John Smith, Sworn on April 23, 2019.

I, John Smith, of Calgary, Alberta, have personal knowledge of the following or I am informed and do believe that:

  1. I am the Plaintiff in the within action.
  2. The records listed in Schedules 1 and 2 are under the control of the plaintiff.
  3. I object to produce the records listed in Schedule 2 on the grounds of privilege identified in that Schedule.
  4. The records listed in Schedule 3 were previously under the control of the plaintiff, but ceased to be so at the time and in the manner stated in Schedule 3.
  5. Other than the records listed in Schedules 1, 2, and 3, I do not have and never had any other relevant and material records under my control.
SWORN (OR AFFIRMED) BEFORE ME at Calgary, Alberta, this [Date] day of [Month], 20[Year].

 

 

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(Commissioner for Oaths in and for the Province

of Alberta)

 

 

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Schedule 1

Relevant and material records under my control for which there is no objection to produce:

DATE                         DESCRIPTION

1.      20170130-01 Medical and Employer Certificates

2.      20170719-01 Medical treatment notes

3.      20180510-10 Hospital Emergency treatment notes

4.      20181127-01 AHC Statement of Benefits Paid

5.      20180626-01 Special Damages Chart


Schedule 2

Relevant and material records under my control for which there is an objection to produce:

(a)        without prejudice communications:

(b)        communications and copies of communications between solicitor and client:

(c)        solicitors’ work product, including all interoffice memoranda, correspondence, notes, memoranda and other records prepared by the solicitors or their assistants:

(d)       records made or created for the dominant purpose of litigation, existing or anticipated:

(e)        other: (provide particulars of objection relied on)

(f)        records that fall into 2 or more of the categories described above:


Schedule 3

Relevant and material records previously under the control of the Plaintiff:

DESCRIPTION OF RECORDWHEN THIS RECORD CEASED TO BE UNDER PLAINTIFF’S(S’)/

DEFENDANT’S(S’) CONTROL

MANNER IN WHICH THIS RECORD CEASED TO BE UNDER PLAINTIFF’S(S’)/ DEFENDANT’S(S’) CONTROLPRESENT LOCATION OF THE RECORD
1.
2.
3.