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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 09-21-2021, 03:48 PM
gmcode gmcode is offline
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Exclamation 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!
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Old 09-21-2021, 08:20 PM
pinkHouses pinkHouses is offline
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Quote:
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.
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Old 09-21-2021, 11:51 PM
gmcode gmcode is offline
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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?
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Old 09-22-2021, 08:55 AM
rockscan rockscan is offline
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Yes it has to be the court the case is at so it can be added to the file.
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Old 09-22-2021, 09:24 AM
Kinso Kinso is offline
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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.
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Old 09-22-2021, 12:22 PM
gmcode gmcode is offline
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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?
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Old 09-22-2021, 01:20 PM
rockscan rockscan is offline
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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.


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