If you are a party to a personal injury law suit in Ontario, you will have to swear an Affidavit of Documents. The Affidavit of Documents is a list of all of the documents that are relevant to the law suit. This includes documents that help you and that you plan to use at trial. It also includes documents that do not help you. Apart from documents that are "privileged", you generally have to disclose everything that is relevant.



For a plaintiff in a personal injury case, there are a variety of documents you will have to include. Some of the important documents demonstrate how the accident occurred. Included in this group are the report prepared by the police, pictures of the accident, copies of any court documents like tickets that relate to the accident. We will also include any materials received from your property insurer showing the amount of damage to your car.

The largest section of documents are those that support your claim for damages. To start with, you must include your medical records. Your personal injury lawyer orders your OHIP summary which outlines all the insured medical services you have received for the previous seven years. That summary will be included. Using the summary, the lawyer will order all of your medical records from the doctors, hospitals and laboratories that have provided medical services to you, both before and since the accident.

Also included are medical records from non-OHIP covered services. Your lawyer will rely on you to identify any physiotherapists, massage therapists, chiropractors or other rehabilitation specialists you have seen.

If you want compensation for your expenses, we will have to list all receipts, records from prescriptions, and other supporting documents.

Your employer will also be asked for your file if you have suffered lost wages. Often the lawyer will request your complete personnel file to show your length of service and regular attendance before the accident.

Your tax returns are another important part of your Affidavit of Documents. Generally they are required to be produced for 5 years before the accident. Again, this establishes your earning pattern

If your claim arises from a car accident, your Affidavit of Documents should also include your complete Accident Benefit file.

In light of all this, the plaintiff's Affidavit of Documents makes up a lengthy list. Some clients are shocked at the amount and wonder if their lawyer is providing too much. However, the fact is that most insurers will require this information before they will consider making a meaningful offer to settle.