Form 30B

Courts of Justice Act

AFFIDAVIT OF DOCUMENTS (CORPORATION OR PARTNERSHIP)

(General heading)

AFFIDAVIT OF DOCUMENTS

I, (full name of deponent), of the (City, Town, etc.) of ........................., in the (County, Regional Municipality, etc.) of ........................., ........................., MAKE OATH AND SAY (or AFFIRM) :

1. I am the (state the position held by the deponent in the corporation or partnership) of the plaintiff (or as may be), which is a corporation (or partnership).

2. I have conducted a diligent search of the corporation’s (or partnership’s) records and made appropriate enquiries of others to inform myself in order to make this affidavit.  This affidavit discloses, to the full extent of my knowledge, information and belief, all documents relating to any matter in issue in this action that are or have been in the possession, control or power of the corporation (or partnership).

3. I have listed in Schedule A those documents that are in the possession, control or power of the corporation (or partnership) and that it does not object to producing for inspection.

4. I have listed in Schedule B those documents that are or were in the possession, control or power of the corporation (or partnership) and that it objects to producing because it claims they are privileged, and I have stated in Schedule B the grounds for each such claim.

5. I have listed in Schedule C those documents that were formerly in the possession, control or power of the corporation (or partnership) but are no longer in its possession, control or power and I have stated in Schedule C when and how it lost possession or control of or power over them and their present location.

6. The corporation (or partnership) has never had in its possession, control or power any documents relating to any matter in issue in this action other than those listed in Schedules A, B and C.

7. I have listed in Schedule D the names and addresses of persons who might reasonably be expected to have knowledge of transactions or occurrences in issue.  (Strike out this paragraph if the action is not being brought under the simplified procedure.)

SWORN (etc.)

......................................................................................

(Signature of deponent)

LAWYER’S certificate

I CERTIFY that I have explained to the deponent,

  (a)  the necessity of making full disclosure of all documents relating to any matter in issue in the action;

  (b)  what kinds of documents are likely to be relevant to the allegations made in the pleadings; and

  (c)  if the action is brought under the simplified procedure, the necessity of providing the list required under rule 76.03.

Date	......................................................................			.............................................................................
				(Signature of lawyer)

Schedule A

Documents in the corporation’s (or partnership’s) possession, control or power that it does not object to producing for inspection.

(Number each document consecutively.  Set out the nature and date of the document and other particulars sufficient to identify it.)

Schedule B

Documents that are or were in the corporation’s (or partnership’s) possession, control or power that it objects to producing on the grounds of privilege.

(Number each document consecutively.  Set out the nature and date of the document and other particulars sufficient to identify it.  State the grounds for claiming privilege for each document.)

Schedule C

Documents that were formerly in the corporation’s (or partnership’s) possession, control or power but are no longer in its possession, control or power.

(Number each document consecutively.  Set out the nature and date of the document and other particulars sufficient to identify it.  State when and how possession or control of or power over each document was lost, and give the present location of each document.)

Schedule D

(To be filled in only if the action is being brought under the simplified procedure.)

Names and addresses of persons who might reasonably be expected to have knowledge of transactions or occurrences in issue.

RCP-E 30B (November 1, 2005)