Justice MacLeod in Rabbat et al. v. Nadon et al, 2020 ONSC 2933,
confirmed the legitimacy of virtual commissioning of
affidavits.
In Rabbat, a case conference was held virtually in
light of the current suspension of in-court appearances due to
COVID-19, to establish a timetable leading up to a necessary motion
for certification of a class action. With respect to the timeline,
the court set a return date for the plaintiffs' outstanding
WAGG motion and a tentative date for the motion to certify the
class action.
Concerning the WAGG motion, the court ordered and directed:
Any affidavit for use on the motion
may be sworn electronically or by e-mail using any reasonable
method by which the person commissioning the affidavit can be
satisfied of the identity of the deponent, that the deponent has
read and understood the contents of the affidavit and is solemnly
swearing or affirming as the case may be. The deponent and the
person commissioning the affidavit need not be
