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Notice of Change in Representation - Form 4 and Form 6B

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  • Notice of Change in Representation - Form 4 and Form 6B

    Hi,

    I have filled out the "Notice of Change in Representation" (form 4) to terminate the current lawyer, and submitted it thru https://www.ontario.ca/page/file-fam...cuments-online, but received an email saying rejected because of missing Form 6B: Affidavit of Service, which needs to be signed before a lawyer, notary public or commissioner for taking affidavits. I have already sent an email to the lawyer with form 4 signed, do I really need to submit Form 4 online with Form 6b signed? Or the lawyer will send something like Form 4 to court to remove him from counsel of record at court? Thanks!

  • #2
    Originally posted by gmcode View Post
    Hi,

    I have filled out the "Notice of Change in Representation" (form 4) to terminate the current lawyer, and submitted it thru https://www.ontario.ca/page/file-fam...cuments-online, but received an email saying rejected because of missing Form 6B: Affidavit of Service, which needs to be signed before a lawyer, notary public or commissioner for taking affidavits. I have already sent an email to the lawyer with form 4 signed, do I really need to submit Form 4 online with Form 6b signed? Or the lawyer will send something like Form 4 to court to remove him from counsel of record at court? Thanks!
    When I did it I do not recall having to fill out a form 6B however......

    You do this yourself, the lawyer does not need to do anything and if they do they will charge you.

    Are you able to bring it to the court counter?

    Send the form via fax (email may do) to the lawyer.
    Bring the fax and sending information to the counter.
    If you need a 6B they will sign it for you, no charge.

    Comment


    • #3
      It has to be the court the case is filed at ? Can I go to a court of the same level in another city to do it?

      Comment


      • #4
        Yes it has to be the court the case is at so it can be added to the file.

        Comment


        • #5
          Yes. You need to 'serve' your former lawyer, as well as the opposing party with the Form 4. And then file the Form 4 with a 6B showing you've served the lawyer / OC.

          Other posters are correct that the court staff can commission the 6b at no charge.

          You cannot go to 'another court' in the same city. It must be the same court on the paperwork.

          Comment


          • #6
            thanks all, what if the court is far away from where I live? can a new lawyer help with it or former layer? Who can commission the 6B?

            Comment


            • #7
              Originally posted by gmcode View Post
              thanks all, what if the court is far away from where I live? can a new lawyer help with it or former layer? Who can commission the 6B?

              I think you can have it commissioned by anyone allowed to witness the oath but it has to be filed at the court which you may be able to do electronically.


              Sent from my iPhone using Tapatalk

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              • #8
                Originally posted by rockscan View Post
                I think you can have it commissioned by anyone allowed to witness the oath but it has to be filed at the court which you may be able to do electronically.


                Sent from my iPhone using Tapatalk
                who serves and file change of representation form? Client or the soon to be former Lawyer?

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                • #9
                  Originally posted by ottawaparent View Post
                  who serves and file change of representation form? Client or the soon to be former Lawyer?
                  If you want to pay the lawyer to do it then the lawyer.
                  Instruct the lawyer not to fill it out.

                  If you want to do it yourself it is easy peasy.

                  Comment


                  • #10
                    Originally posted by pinkHouses View Post
                    If you want to pay the lawyer to do it then the lawyer.

                    Instruct the lawyer not to fill it out.



                    If you want to do it yourself it is easy peasy.
                    Thanks. don't know they want to do it

                    Comment


                    • #11
                      Download the form, fill it out and send it to them via fax do not make any other calls to them to tell them not to.
                      That will save you $150, at least.

                      Of course they want to do it.....they want you to employ them at $300/hr for remedial work.
                      Last edited by pinkHouses; 12-09-2021, 06:09 PM.

                      Comment


                      • #12
                        Form 6B: Affidavit of Service, is the formal way to tell the court that you have served all other parties.

                        Because 6B is an affidavit, it has to be commissioned by a notary public or lawyer.

                        Sent from my LE2115 using Tapatalk

                        Comment

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