Consent to Act as Litigation Guardian (Form 4A) – Rules of the Small Claims Court – Ontario Court Services

The “Consent to Act as Litigation Guardian” form (Form 4A) is a legal document used in the Ontario Superior Court of Justice and the Small Claims Court. This form is required when an individual consents to act as a litigation guardian for a plaintiff or defendant who is under a legal disability. This might include minors, individuals who are mentally incapable as defined by the Substitute Decisions Act of 1992, or absentees as defined by the Absentees Act.

This form ensures that the court and all parties involved are aware of the consent and responsibilities of the litigation guardian, and it provides essential information to facilitate the legal process for individuals with a disability.

Filling out Form 4A is a straightforward process if you follow these steps carefully. This guide will help you complete each section accurately.

Header Information

• Superior Court of Justice / Small Claims Court: Check the appropriate box to indicate whether the form is for the Superior Court of Justice or the Small Claims Court.
• Claim No.: Write the claim number associated with the case.

Your Details

• Name: Enter your full legal name.
• Street and Number: Provide your complete residential address.
• City, Province, Postal Code: Fill in your city, province, and postal code.
• Phone Number and Email Address: Include your current phone number and email address.

Consent Declaration

• Plaintiff/Defendant: Check the box to indicate whether you are acting as a litigation guardian for the plaintiff or the defendant.
  • Name of Plaintiff/Defendant: Enter the full name of the plaintiff or defendant you are representing.
• Acknowledgement: Understand and acknowledge that you may be personally responsible for any costs awarded against you or the person you are representing.

Person Under Disability

• Type of Disability: Check the appropriate box that describes the disability of the person you are representing.
  • Minor: If the person is a minor, state their birth date.
  • Mentally Incapable: If the person is mentally incapable, as defined by the Substitute Decisions Act, check this box.
  • Absentee: If the person is an absentee, as defined by the Absentees Act, check this box.

Relationship

• Relationship to Person Under Disability: Clearly state your relationship to the person you are representing (e.g., parent, legal guardian, sibling).

Conflict of Interest

• Interest in Action: Confirm that you have no interest in the action contrary to that of the person under disability by checking the box.

Representation

• Legal Representation: Indicate whether you are represented by a legal representative.
  • If Represented: Provide the name and contact information of your representative, including their address for service.
  • If Not Represented: Check the appropriate box if you do not have a representative.

Signatures

• Signature of Litigation Guardian: Sign and date the form.
• Signature of Witness: Have a witness sign and date the form.
• Name of Witness: Print the full name of the witness.

Additional Information

• Changing Address: Note that you must notify the court and all other parties in writing within seven (7) calendar days if you change your address for service.

Tips

• Double-check all the information for accuracy before submitting the form.
• Ensure that all required fields are completed to avoid delays.
• If you are unsure about any part of the form, seek legal advice to ensure proper completion.

By following these steps, you can accurately fill out the “Consent to Act as Litigation Guardian” form (Form 4A) and ensure that it is properly submitted to the court.