Requirement for a correction letter
Other than sworn evidence, most errors and omissions in documents can be corrected by way of a letter. Unless the policy provides otherwise, these letters:
- Must be from a barrister or solicitor entitled to practise in Canada.
- Must be signed by that lawyer.
- May be sent in by fax or email without any need for the original to follow.
- Must contain certain minimum elements:
1. A clear statement of the correction to be made.
2. A statement that the person signing the letter has the complete authority to make the change.
3. A statement that the change to the document is a correction of an error and is not a change in the substance of the document.
A sample of correction letter can be found in attachment one. This sample can be provided to lawyers.
Incomplete/incorrect correction letters
Where a correction letter has been provided and it is incomplete or in error, and a subsequent correction letter is required, the original correction letter is to be retained by examination staff.
Correction by lawyer attending in person
A lawyer wishing to make a correction to a document while they are in our office may write a letter of correction as long as it conforms to the guidelines set out above.
A fill-in-the-blanks correction letter for lawyers attending in person can be provided to clients. It can be found in attachment two.
Exception for Affidavits, Statutory Declarations and Statutory Evidence
With the exception of the date of signing, the following statutorily required evidence cannot be corrected by way of a correction letter:
- The content of affidavits and statutory declarations. This includes affidavits of lost or destroyed duplicate titles, affidavits of witness, and purchasers’ and sellers’ declarations under The Condominium Act
- Evidence under The Homesteads Act
- Tax exemption evidence under The Tax Administration and Miscellaneous Taxes Act
Where the signing date is either missing or incomplete in an affidavit or statutory declaration, a letter can be obtained confirming the signing date. This letter must be signed by the witness to the signature in question and it must contain sufficient detail to identify the subject affidavit or statutory declaration.
Correction emails
An email can be submitted in place of a correction letter provided it meets the following requirements:
- It must be from the person entitled to make the correction. It cannot be from that person’s paralegal, assistant, or secretary.
- It must contain all of the language that would be required in a correction letter.
- It must contain the name, position, and contact particulars of the sender.
Unlike a correction letter, the email does not need to have a signature.