Form 1 – Affidavit of Self-appointed Litigation Representative

Jurisdiction: Country: Canada | Province/State: Alberta

What is a Form 1 – Affidavit of Self-appointed Litigation Representative?

This form is a sworn statement you file to step in and conduct a lawsuit for someone who cannot do it themselves. In Alberta, a person under 18 or an adult who cannot make litigation decisions needs a litigation representative. This used to be called a “next friend” or “litigation guardian.” With this affidavit, you self‑appoint as that representative without waiting for a court order.

You use the form to confirm who you are, your relationship to the person, and why representation is needed. You also state that you have no conflict with the person’s interests. You promise to act in their best interests and accept cost risks. The affidavit becomes part of the court record. Once accepted and served, you can start or defend the case on their behalf.

Who typically uses this form?

Parents or guardians act for minors. Adult children, spouses, or close relatives act for adults with cognitive or psychiatric conditions. Caregivers and friends sometimes step in when no family is available. A trustee, attorney under a power of attorney, or a court‑appointed guardian may also act, but they still confirm their role with this affidavit if a court order is not already in place for litigation.

You would need this form when the person has rights to enforce or needs to defend a claim, but cannot instruct a lawyer or manage the process. The court needs assurance that a responsible adult stands behind the case. The affidavit gives the court that assurance at the very start.

Typical scenarios:

• A parent suing for a minor injured in an accident.
• A spouse defending a debt action for an adult partner with advanced dementia.
• An adult child applying for an injunction to protect a vulnerable parent’s assets.
• A guardian filing a family claim involving parenting or support where a party lacks capacity.
• You might also use it to respond to a lawsuit served on a minor or an adult who cannot understand the claim.

In each case, the affidavit puts a capable person on the record to make decisions and give instructions.

When Would You Use a Form 1 – Affidavit of Self-appointed Litigation Representative?

Use it at the first possible step in the case. If you are starting a claim for a minor, file this affidavit with the originating document. If you are defending a claim, file it with your first response. The court expects a litigation representative to be on the record before the matter moves ahead.

Consider a few practical examples. A 16‑year‑old is hurt in a collision and needs to sue before the limitation date. You, as a parent, file this affidavit and the claim together. Or your adult brother lives with severe schizophrenia and cannot manage litigation decisions. He is sued for a tenancy arrears claim. You file the affidavit with his defence so the court and landlord know who is responsible for the file. Another example is an adult child managing a parent’s care home dispute. The parent has a cognitive impairment and cannot instruct counsel. The adult child files the affidavit and then applies for relief. The same applies in estate or trust disputes when a beneficiary is a minor or lacks capacity. You file the affidavit so you can receive service and make decisions.

Typical users:

Parents, legal guardians, spouses, adult children, and close relatives. Caregivers or trusted friends sometimes accept the role when no family can act. Attorneys under a valid power of attorney may act if it covers litigation decisions. A court‑appointed trustee or guardian can act if their order permits it. Regardless of the relationship, you must be an adult who can manage the case, accept cost risks, and communicate with the court and other parties.

You also use this affidavit when a proceeding has already started but no litigation representative is on record. Perhaps someone filed a claim without realizing the party lacked capacity. The court will require you to fix that gap before the case proceeds. You file the affidavit, serve it, and from that point you are the decision‑maker. If the case is urgent, file it with your urgent application so the judge can address both issues at once.

Legal Characteristics of the Form 1 – Affidavit of Self-appointed Litigation Representative

This is a sworn affidavit. It is legally binding because you give evidence under oath and make enforceable undertakings to the court. False statements can result in penalties. The court and the other parties rely on what you say to move the case forward. The affidavit makes you responsible for managing the litigation in the represented person’s best interests.

Enforceability comes from compliance with procedural rules. You must complete the form accurately, swear it before a Commissioner for Oaths or Notary Public, and file it in the correct court file. You must serve it on the other parties. Once on file and served, you can sign pleadings and give instructions. Your name appears on the record as “Litigation Representative for [Name].” You also accept that the court can order you to pay costs. That is an important safeguard. It ensures you have a real stake in running the case responsibly.

The court keeps oversight when a person under a disability is involved. You cannot compromise or settle the claim without court approval. You cannot discontinue a claim or consent to a judgment without the court’s permission. The court can remove or replace you if you are not acting in the person’s best interests or if you have a conflict of interest. The court can also require you to post security for costs in rare cases. Those checks protect the person you represent and maintain fairness to the other parties.

General legal considerations matter. You should be an adult with capacity to manage litigation. You must have an address for service in Alberta and be available for communication. You must not have an interest in the matter that conflicts with the person’s interests. If potential conflicts exist, you must disclose them and explain why you can still act. You should have a realistic plan to cover cost risks if the court orders costs against you. If the person has a guardian or trustee, make sure your role does not overlap or conflict with their authority. If a court order already appoints someone to manage litigation, that person should act. If you are stepping in instead, you should have their written consent and explain why.

Your affidavit stays in effect until the case ends or the court replaces you. If circumstances change, you must tell the court and the other parties. If the represented person regains capacity, the court can permit them to take over the case. If you need to step down, apply to be removed and propose a replacement to avoid delays.

How to Fill Out a Form 1 – Affidavit of Self-appointed Litigation Representative

Follow these steps to complete, file, and serve the affidavit correctly.

1) Confirm you are the right person to act.

• Make sure the person is a minor or lacks capacity to make litigation decisions.
• Confirm no one is already appointed by the court to act for them in litigation.
• Check for conflicts of interest. If you have any, consider if someone else should act.
• Ensure you can handle the time commitment and potential cost risks.

2) Gather supporting information and documents.

• Your full legal name, address, phone, and email for service.
• The represented person’s full legal name, date of birth if a minor, and address.
• Your relationship to the person and how you support them.
• A brief description of the disability or why representation is needed.
• Any guardianship, trusteeship, or power of attorney documents.
• Written consent from a guardian or trustee if they agree you should act.
• If available, a short letter or record confirming the adult’s lack of capacity.
• Proof of identity for swearing the affidavit.

3) Complete the style of cause and file details.

• Put the correct court, judicial centre, and file number. If starting a case, the clerk assigns a file number when you file.
• Use the exact names of all parties as they appear in the claim or application.
• Identify the represented person as plaintiff/applicant or defendant/respondent as appropriate.

4) Identify yourself and your role.

• State your full name and that you are over 18 and reside in Alberta or can accept service in Alberta.
• Provide your occupation and contact details.
• State that you are self‑appointing as litigation representative for the named person.

5) Identify the person you represent.

• State their full legal name and address.
• If a minor, state their date of birth and confirm they are under 18.
• If an adult, state that they cannot manage litigation decisions and why. Use plain, factual language, not diagnoses only. Example: “They have significant memory loss and cannot understand or evaluate legal advice.”

6) Explain the basis for your appointment.

• Describe your relationship to the person and your involvement in their affairs.
• Confirm there is no existing court appointment that covers litigation. If there is, explain why you are acting and attach written consent.
• Confirm you have no interest that conflicts with theirs. If any potential conflict exists, disclose it and explain why it does not affect your ability to act.

7) Confirm your undertakings and responsibilities.

• State that you will act in their best interests and keep them informed to the extent possible.
• State that you understand you may be liable for costs that the court may order.
• State that you will not settle, discontinue, consent to judgment, or take steps that prejudice their rights without court approval when required.
• State that you will inform the court and other parties of any change in capacity, representation, contact details, or your ability to act.

8) Outline the litigation in brief.

• Provide a short summary of the claim or defence so the court understands the context.
• If you are filing with a new claim, summarize the nature of the relief sought.
• If you are defending, summarize the issues and any urgent deadlines.

9) Attach and mark exhibits properly.

• Attach copies of relevant documents, such as guardianship orders, consents, or capacity letters.
• Mark each exhibit “Exhibit A,” “Exhibit B,” and so on. The Commissioner must sign each exhibit page.
• Refer to each exhibit in the body of your affidavit where you discuss it.

10) Complete your address for service.

• Give a reliable mailing address and email where you will accept service.
• If you have a lawyer, your lawyer’s address for service will appear on filings, but include your contact details in the affidavit.

11) Swear or affirm the affidavit.

• Do not sign until you appear before a Commissioner for Oaths or Notary Public.
• Bring government photo ID.
• Sign each page and initial any changes. The Commissioner completes the jurat with date and location.
• Ensure names and spellings match the style of cause.

12) File the affidavit with the court.

• File it at the same time as your first pleading or application, or immediately after if the need arises mid‑case.
• Ask for stamped copies for your records and for service on other parties.

13) Serve the affidavit.

• Serve a filed copy on all other parties. If you file it with a new claim, serve both together.
• If a guardian or trustee exists, serve them as well.
• Keep proof of service. You may need to file an affidavit of service.

14) Use the correct signature format in later documents.

• When signing pleadings or affidavits after filing this form, sign as “Jane Doe, Litigation Representative for John Doe.”
• Make sure your role appears in the document title block and signature block.

15) Manage scope and changes.

• If you intend to act only for part of the case (limited scope), state that in the affidavit. For example, “for purposes of responding to the application filed on [date].”
• If circumstances change, file an updated affidavit or bring an application to change representation.

16) Prepare for settlement or judgment involving funds.

• Know that the court must approve settlements involving minors or adults under disability.
• Be prepared to propose how any funds will be managed, such as a restricted account, trust, or structured arrangement.
• Keep records of decisions and communications. You may need to explain your choices to the court.

17) Avoid common errors.

• Do not omit your cost undertaking. Courts look for it.
• Do not ignore existing guardianship or trusteeship arrangements. Address them directly.
• Do not make medical statements beyond your knowledge. Use simple facts and attach a short letter if needed.
• Do not sign outside the presence of a Commissioner. Unsigned or improperly sworn affidavits cause delay.
• Do not forget service. Other parties must know you are on the record.

18) Use schedules if the form provides them.

• Some versions include a schedule for undertakings or a list of related proceedings. Complete them in full.
• If you need more space for facts, add a Schedule “A” and refer to it in paragraph form. Number the paragraphs clearly.
• Sign and initial each schedule page and have the Commissioner stamp them.

19) Keep your file organized.

• Keep the original stamped affidavit, proof of service, and all exhibits.
• Maintain a calendar of deadlines and appearances.
• Save correspondence with the court and other parties. You are responsible for responding on time.

By following these steps, you put a proper litigation representative on the record and keep the case moving. You give the court clear evidence of your role, your relationship to the person, and your commitments. That clarity protects the person you represent and ensures fair process for everyone involved.

Legal Terms You Might Encounter

• Affidavit. This is a written statement of facts you swear or affirm are true. In this Form 1, you swear that you meet the requirements to act as a Self-appointed Litigation Representative. You confirm who you are, who you will represent, and why that person needs a representative.
• Deponent. You are the deponent. That means you are the person who swears or affirms the affidavit. Your signature appears on the form, and a Commissioner for Oaths or Notary signs to confirm they witnessed you swearing or affirming.
• Litigation representative. This is the person who conducts the lawsuit for someone who cannot do so themselves. In this form, you are asking the court to recognize you in that role. You take on duties such as making decisions in the case and communicating with the court and other parties.
• Self-appointed litigation representative. This means you are stepping into the role without first seeking a separate court order. With Form 1, you declare you are qualified to act, and you accept the responsibilities and risks. The court can later review and confirm, replace, or remove you if needed.
• Person under a legal disability. This is the person you represent. It usually means a minor or an adult who lacks capacity to manage litigation. In Form 1, you explain why the person cannot conduct the lawsuit themselves. You provide the factual basis for their disability or capacity concerns, using simple, clear facts.
• Conflict of interest. A conflict exists if your personal interests could affect your decisions as a representative. In this form, you confirm you have no conflict or you explain how you will manage one if allowed. You must act only in the represented person’s best interests, not your own.
• Undertaking. An undertaking is a formal promise to the court. In Form 1, you promise to carry out your role faithfully and to follow court directions. You may also promise to deal with costs issues as required. An undertaking is serious. The court can penalize you if you break it.
• Service. Service means delivering documents in the way the rules require. After you complete Form 1, you may need to serve it on other parties. You might also need to file proof of service. If you skip service, your appointment can be challenged or delayed.
• Commissioner for Oaths or Notary. This official takes your oath or affirmation and witnesses your signature. In most cases, you must sign Form 1 in front of a Commissioner for Oaths or a Notary. They complete the jurat (the certification section) with their name, authority, and date.
• Style of cause and court file number. The style of cause is the formal name of your case (names of the parties). The court file number is the unique number for the case. Form 1 must use the exact names and the correct file number. Errors can lead to rejection or confusion.

FAQs

Do you need a court order to become a Self-appointed Litigation Representative?

Not to complete Form 1. You are declaring your role through the affidavit. However, the court can review your appointment at any time. The court may confirm, replace, or remove you. If another party objects, the court may hold a hearing. If there is any doubt about your suitability, expect the court to ask questions or request more evidence.

Do you have to be related to the person you represent?

Not necessarily. Courts look for someone who will act in the person’s best interests and has no conflict. You can be a parent, spouse, adult child, close friend, or another responsible adult. If you are not a close relative, be prepared to explain your relationship and why you are the right person to serve.

Do you need the person’s consent before you file Form 1?

If the person is a minor, consent is not required from the minor. If the person is an adult whose capacity is in question, their input may help the court understand the situation, but it is not always required. Focus on evidence that the person cannot conduct the litigation and that you are suitable to take on the role.

Do you become personally liable for the claim if you sign this form?

You do not become the defendant or plaintiff personally just by being the representative. However, you take on procedural responsibilities. You may face cost consequences if you act improperly or unreasonably. Always act in good faith, keep records, and follow the rules and court directions.

Do you need a lawyer to file Form 1?

You can complete and file Form 1 without a lawyer. That said, litigation can be complex. A lawyer can help you assess capacity issues, conflicts, next steps, and strategy. If the case involves high stakes, complex evidence, or tight deadlines, consider getting legal advice early.

Do you have to live in the same province as the court?

It helps, but it is not always required. If you live elsewhere, you must still accept documents, meet deadlines, and attend proceedings as needed. You must ensure you can manage service, communication, and appearances. If logistics will cause delay, the court may question your suitability.

Do you have to serve your Form 1 on other parties?

Often, yes. After filing, you typically need to serve the other parties. Service gives them notice of your role and a chance to respond. Follow the service rules for the case. Keep proof of service, such as an affidavit of service or a delivery confirmation.

Do you need to renew or update the affidavit later?

You do not usually renew Form 1 on a schedule. But you must update the court if circumstances change. For example, the person’s capacity improves, you move, a conflict arises, or you can no longer serve. If a major change occurs, file a new affidavit or a notice to update the record.

Checklist: Before, During, and After the Form 1 – Affidavit of Self-appointed Litigation Representative

Before signing

• Confirm the case posture. Identify whether this is a new action or an existing file.
• Gather the style of cause and the exact court file number.
• Confirm your relationship to the person you will represent. Prepare simple proof if needed.
• Identify why the person cannot conduct the litigation. Note facts that show the disability or capacity concern.
• Screen for conflicts. List any personal interests that could affect your decisions.
• Plan your availability. Ensure you can attend hearings, manage deadlines, and respond to communications.
• Decide how you will handle service. List your address for service and email for notices.
• Prepare any supporting documents you may reference. Keep them organized, but attach only what the rules allow.
• Confirm your understanding of costs risks and duties. Note any undertakings you must give.
• Arrange a Commissioner for Oaths or Notary. Bring government-issued ID and a clean, unmarked copy of the form.
• Check that names, addresses, and dates are consistent with other court documents.
• If you are not a close relative, prepare a short explanation of why you are suitable.

During signing

• Read every line. Make sure each statement is true, clear, and complete.
• Fill in the style of cause and file number exactly as on the court record.
• Confirm the full legal name and birthdate (if required) of the person you will represent.
• State clearly why that person cannot manage the litigation. Keep to facts, not opinions.
• Confirm you have no conflict of interest. If there is a potential conflict, explain it and how you will manage it.
• Include your full contact information and address for service.
• Insert any required undertakings and responsibilities in the form’s designated section.
• Do not leave blanks. Strike out items that do not apply, if the form allows.
• Correct errors neatly before swearing. Initial all handwritten changes.
• Swear or affirm in front of the Commissioner or Notary. Sign where the deponent signs.
• Watch the Commissioner or Notary complete the jurat. Ensure the date, location, and their authority appear.
• Number all pages. Make sure exhibits are identified, if applicable.
• Keep the content factual. An affidavit is not the place for argument.

After signing

• Make at least two copies: one for filing, one for your records.
• File Form 1 with the correct court registry for the case. Pay any filing fee.
• Obtain a stamped copy from the registry for service.
• Serve the filed copy on all parties who must receive it. Use the approved method of service.
• Prepare and file proof of service, if required.
• Update your litigation plan to reflect your new role. Track deadlines, disclosure, and upcoming dates.
• Keep the original signed affidavit in a safe place, or as directed by the registry.
• Monitor for objections or requests for more information. Respond on time and in writing.
• Update the court and parties if your address for service changes.
• If capacity improves or your status changes, file an updated affidavit or request to be discharged.

Common Mistakes to Avoid Form 1 – Affidavit of Self-appointed Litigation Representative

• Don’t forget exact names and file numbers. Using the wrong style of cause or an incorrect file number can cause rejection at filing or confusion later. Double-check the case caption against the most recent court document.
• Don’t gloss over capacity facts. Saying the person “cannot manage” without facts invites challenge. State clear, neutral facts that show why a representative is needed. If you rely on a professional assessment, describe it accurately.
• Don’t ignore potential conflicts. Failing to disclose a conflict can lead to removal and cost penalties. Be open. If there is a potential conflict, explain how you will safeguard the person’s interests.
• Don’t skip proper commissioning. An unsigned or improperly commissioned affidavit is invalid. Swear or affirm in front of a Commissioner or Notary. Ensure the jurat is complete and dated.
• Don’t assume service is optional. Missing service can delay your recognition as representative. Serve the filed affidavit on parties as required and keep proof of service.

What to Do After Filling Out the Form Form 1 – Affidavit of Self-appointed Litigation Representative

1. File the form with the court. Take the sworn Form 1 to the registry for the correct court level and location. Pay any fee and obtain a filed or stamped copy. Confirm the case name and file number on the filed copy.
2. Serve the parties who must be notified. Deliver the filed affidavit to each party using the approved method of service. If you must serve a public body or an insurer, follow the service requirements that apply to them. Keep proof of service for the file.
3. Update the record of addresses for service. If the case has an address for service on file, add yourself as the contact for the represented person. Include your mailing address, email, and phone number. Make sure you receive all future notices.
4. Prepare for possible objections. Another party may question your appointment, your suitability, or the basis for disability. Be ready to provide more facts or to attend a short hearing. Bring a clean copy of Form 1 and any documents you referred to.
5. Align upcoming deadlines. If you are stepping into an active case, review all dates immediately. Note filing deadlines, examinations, mediation, disclosure, and hearing dates. If you need more time due to the change in representation, ask the court or the other parties as the rules allow.
6. Act in the person’s best interests from day one. Make decisions based on their rights and risks, not your preferences. Keep records of steps you take, instructions you seek, and costs you incur. Document important calls and emails.
7. Manage costs issues. Understand that courts can award costs. Avoid unnecessary steps or delay. If the court orders you to address costs or provide security, comply on time.
8. Keep information current. If the person’s capacity improves, or they reach the age of majority, reassess your role. The court may require an update or a formal change of status. If you cannot continue, seek directions on how to step down.
9. Amend if facts change. If any material fact in your affidavit becomes inaccurate, file an updated affidavit. Use clear language to explain what changed and why.
10. Store records securely. Keep the original sworn Form 1, proof of filing, service records, and all correspondence. Use a simple index so you can find documents quickly if the court asks for them.