Community Legal Assistance Society - BC Judicial Review Self-Help Guide

Affidavit in Support of Petition

In a judicial review, you typically do not give evidence by testifying in court. All the evidence is in affidavit form, which means it is written down in a sworn statement, or attached as an exhibit to a sworn statement. Usually you will be restricted to the evidence that was in front of the Arbitrator that made the decision. That is because the court will be considering whether, given the evidence in front of the Arbitrator, the Arbitrator made a reviewable error.

The sworn statement part of an affidavit (called the body of the affidavit) is where you state the facts of the case. The person making the affidavit will need to swear that its contents are true and accurate, so be very careful when drafting affidavits.

In an affidavit, you are trying to provide evidence for the court about what happened leading up to the Residential Tenancy Branch (RTB) hearing; what happened at the RTB hearing; and what happened since the RTB hearing. Do not put legal arguments in the body of an affidavit.

If you are applying for an interim stay of an eviction decision, you should put facts in your affidavit about what impact being evicted will have on you if you are evicted before the judicial review is decided. For more information see Interim Stay of Eviction.

Your affidavit must be sworn in front of a commissioner for taking affidavits. Each court registry has someone that can swear your affidavit for a fee. All lawyers and notaries can swear affidavits. If you do not have the money to have your affidavit sworn, you can ask the court to waive this fee for you. See the next section on fee waivers.

This is a blank affidavit in support of a petition that you can download and fill in:

These are instructions for filling out your affidavit: Instructional Copy of Affidavit in Support of Petition

This is an example affidavit in support of a petition that has already been filled in: Example Affidavit in Support of Petition