Understanding Affidavits of Records in Alberta: What They Are and Why They Matter

Jorge Alas

If you’re involved in litigation in Alberta, whether it’s over a contract dispute, personal injury claim, or family law dispute, you’ll likely come across something called an Affidavit of Records. In the Court of King’s Bench in particular, this is a legal document that every party in a lawsuit must prepare, and it plays a major role in how your case moves forward.

An Affidavit of Records is a sworn statement listing all the documents you have, once had, or you are aware of, but do not have possession and control over, that are relevant and material to your case or legal claim. These documents are essentially what each party may rely on at the trial of the matter to prove their case. These documents may include things like emails, contracts, receipts, photos, reports, text messages, or any other records that might help prove your side of a case (whether you are the Plaintiff or a Defendant of a legal action). Under the Alberta Rules of Court, and specifically under Rule 5.5, each party must share this kind of information early in the litigation process. This step helps avoid surprises at trial and encourages early settlement, as the parties are able to review what kind of documents each party may rely on at trial.

Sometimes, though, a party may discover or obtain control of documents after they have already served their initial Affidavit of Records, which are relevant and material to the case. Maybe you find an old email, text message, or a new report is created during the litigation process. When that happens, Rule 5.10 of the Alberta Rules of Court requires you to serve on the other party a Supplementary Affidavit of Records to disclose these documents.

Affidavit of Records and Supplementary Affidavit of Records are meant to prevent what is commonly referred to in Canada as a “trial by ambush.” Courts in Alberta take this process seriously, as a party ought not to be taken by surprise at a trial. If a party fails to disclose a document in an Affidavit of Record or Supplementary Affidavit of Records, that party risks that the court will not permit that party to rely on that document at trial.

Affidavit of Records are meant to keep all sides to an action on a level playing field and help make the legal process transparent and more efficient. Preparing an Affidavit of Records can feel complex and overwhelming, and they are crucial to proving your case. Our lawyers at Vogel LLP are well equipped to guide you through this complicated process. Contact us today to get assistance.