Form 36 – Notice of Change

Jurisdiction: Country: Canada | Province or State: British Columbia

What is a Form 36 – Notice of Change?

Form 36 – Notice of Change is a procedural filing. You use it to tell the court, tribunal, and every other party that something material in your case has changed. Most often, it records a change in who represents you, where you accept service, or how your party name appears on the file. In short, it keeps the record current so documents reach the right person at the right place.

Think of it as an official “update card” for your case. It does not argue the merits. It does not ask for a decision. It records and gives notice of a change, and it becomes part of the public file. After it is filed and served, everyone must use the updated details.

Who typically uses this form?

You will see it used by self-represented litigants who hire counsel. Law firms that take over from a previous firm also use it. Businesses and societies file it when a corporate name or registered office changes mid‑case. Landlords and tenants use it in dispute processes when a property manager or address for service changes. Government bodies and insurers use it when files move between internal legal teams. Strata corporations use it when council or management switches. If you need others to serve you somewhere new, or to deal with your new representative, this is your tool.

Why would you need this form?

Because service rules are strict. The court and opposing parties rely on the addresses and names on the record. If those details change and you do not update them, you risk missing deadlines. Documents served at your old address can still count. A filed Notice of Change prevents that. It updates the official address for service, the party name, and the representative of record. That keeps your case moving without procedural fights.

Typical usage scenarios

• You hired a lawyer after starting a claim on your own.
• Your lawyer files a Notice of Change so all future documents go to the firm.
• Your firm moved offices and changed its service address.
• You file a Notice of Change to update the record.
• Your corporation amalgamated and now has a new legal name.
• You record the new name so orders and judgments reflect it.
• Your tenant dispute is now handled by a property management company.
• You file a Notice of Change so the Branch and the other side serve the manager.
• Your counsel changed law firms and needs to put the new firm on the file.
• You or the new firm file a Notice of Change with the new contact details.

The form is the same idea in each scenario: record the change, file it, and serve it.

When Would You Use a Form 36 – Notice of Change?

You use a Notice of Change when a material contact, representation, or identity detail shifts after the case starts.

If you are a self-represented party who has retained counsel, you use it right away. Your new lawyer becomes the address for service only after the change is filed and served. Until then, the other side can serve you directly. Filing the form avoids missed deliveries and confusion.

If you already have counsel and the file transfers to a new lawyer or firm, use it. Sometimes both the outgoing and incoming firms coordinate the filing. In other cases, the new firm files it with your consent. The goal is to ensure the record names one current representative, with one current address for service, phone, and email.

If you are a company that changed its legal name, you use it. The style of cause must reflect the correct legal name. If you keep litigating under the old name, enforcement later can get messy. A Notice of Change updates the style to read the new name “formerly known as” the old name, or as the current name alone, as allowed. You also use it if your registered office or records office has changed during the case.

If you are a landlord, tenant, or strata with a new property manager or agent, you use it in that dispute stream. The other side needs to know who to contact for scheduling and settlement. The decision-maker also needs an updated service address so orders reach you.

If you are in an administrative proceeding and your internal contact changes, use it. For example, a government department may assign a new solicitor. Or an insurer may reassign files to a different team. The Notice of Change puts the new contact and service details on the record and clears the old contact off it.

If you moved and your address for service is now wrong, use it. Service to the address on file stays valid until you change it. That means the other side can continue to serve your old address. A Notice of Change stops that and shifts service to your new address or email, where allowed.

If you act in a special capacity and that capacity changes, use it. Examples include a committee, litigation guardian, estate executor, or company officer. If a new executor is appointed, or a guardian changes, you update the record with a Notice of Change and attach any supporting appointment.

You also use it when you consent to accept service by email where that was not recorded before. If the rules allow email service by consent, the Notice of Change is where you place that consent and the correct email address.

Legal Characteristics of the Form 36 – Notice of Change

A Notice of Change is a procedural document. It is not a contract. It does not in itself grant rights or impose duties beyond what the rules already require. Its legal force comes from the procedural rules that govern service, representation of record, and the court’s control over its own process.

When you file and serve a Notice of Change that meets the form and content rules, the registry updates the file. The address for service, representative of record, or party name on the record changes from that date (or the effective date you specify, if allowed). Other parties are then entitled to rely on the new details. Future service to the old address can be challenged as improper. Service to the new address is valid.

What ensures enforceability?

Enforceability rests on a few features. First, the form captures essential identifiers: the court or tribunal, the file number, the style of cause, and your role. That ties the change to the right case. Second, it sets out the “from” details and the “to” details. That shows a clear, unambiguous change. Third, it is signed by the person authorized to make the change. That could be you, your new lawyer, or an authorized officer for a business. Fourth, it is filed and served in the way the rules require. Proper service is what gives notice to the other side. Without service, you may not be able to enforce the change against them.

There are general legal considerations. A change of lawyer close to a hearing can attract extra scrutiny. The court expects continuity. You may need to explain how the change affects scheduled steps. A lawyer’s withdrawal is different from a change. Withdrawal may require other forms or leave of the court, depending on timing and rules. A change of party name must reflect the actual legal change. You may need to attach a certificate of name change, an amalgamation notice, or an appointment document for a new legal representative. If you are updating email service, confirm that the rules allow service by email and whether consent is needed. If the other side tries to serve you using old details after your change takes effect, you can object, but you will need to show that you filed and served your Notice of Change before their attempt.

Finally, accuracy matters. The court does not police your contact details. If you put the wrong address or file number on the form, you create risk for yourself. That is why many forms include a service list. Keep it current and correct.

How to Fill Out a Form 36 – Notice of Change

Follow these steps to complete, file, and serve your Notice of Change. Adjust details to match your court or tribunal’s version of the form.

1) Confirm the correct form and file

• Identify the exact proceeding: court or tribunal, registry, and division.
• Get your file number and the style of cause exactly as it appears now.
• Use the current version of the Notice of Change form for that forum.

2) Complete the heading (style of proceeding)

• Enter the court or tribunal name and the registry location.
• Enter the file number without errors.
• Enter the current style of cause (names of parties) as it appears on existing orders or pleadings.
• If you are also changing a party name, use the current style first. You will show the new name in the change section.

3) Identify who is filing the Notice

• State your name and role in the proceeding (plaintiff, defendant, petitioner, respondent, applicant, landlord, tenant, owner, insurer, strata, or other defined role).
• If you act in a capacity, state it (executor, litigation guardian, committee, officer).
• If you are a corporation, use the full legal name.

4) Select the type of change you are recording

• Most forms include checkboxes or headings. Typical options:
• Change of lawyer or law firm.
• Change from self-represented to represented, or the reverse.
• Change of address for service or contact details.
• Change of party name or capacity.
• Change of agent or authorized representative.
• If your form does not have checkboxes, write a clear sentence that states the change.

5) Set out the previous details (“from”)

• For a lawyer change: list the outgoing lawyer’s name and firm, with the old address for service, phone, and email.
• For a self-rep change: list your former service address and contact details.
• For a name change: list the prior legal name as it appears on the file.
• Be precise. This tells the court and others which record you are replacing.

6) Set out the new details (“to”)

• For representation changes: provide the new lawyer’s full name, firm name, office address, mailing address (if different), phone, fax (if used), and email for service if allowed. Include the lawyer’s bar number if the form requests it.
• For self-rep: provide your chosen address for service and contact details. Confirm if you accept email service and list the exact email address.
• For a name change: write the new legal name. If applicable, add “formerly known as” to link the record.
• For agents or property managers: provide the agent’s business name and contact details. Confirm their authority to accept service.

7) State the effective date

• Many forms allow you to state when the change takes effect.
• If not stated, the default is the filing date. Use a specific date if you are coordinating with an outgoing firm.

8) Add any required consents or confirmations

• If you are the new lawyer, confirm you act for the named party.
• If a form requires, confirm that you have authority to make the change.
• For email service, include a clear statement that you consent to accept service at the listed email, if permitted.

9) Attach supporting documents if needed

• For a corporate or society name change, attach the name change or amalgamation confirmation.
• For a change in legal capacity, attach the appointment (grant of probate, committee order, guardianship order).
• For an agent or manager, attach a brief authorization or management agreement page that confirms authority to accept service, if requested by the tribunal.

10) Complete the signature block

• If you are represented, the new lawyer usually signs.
• If you are self-represented, you sign the form.
• If you are a corporation or strata, an authorized officer or council member signs, with title.
• Sign in ink if filing on paper. For e‑filing, follow the signature protocol stated by the court or tribunal.

11) Prepare the service list

• List all other parties and their counsel, with full service details.
• Include any intervenors or added parties.
• Compare your list to the most recent order or service list on file to ensure it is complete.

12) File the Notice of Change

• File at the same registry where your case is filed. Many registries allow e‑filing.
• Check if a fee applies. Pay the fee if required.
• Ask for a filed copy with the registry stamp or electronic filing confirmation.

13) Serve the filed Notice of Change

• Serve every other party or their counsel using a permitted method.
• If email service is allowed and consented to, send it by email and keep a copy.
• If personal or mail service is required, follow those rules.
• Serve the outgoing lawyer as well when a lawyer change occurs, unless the rules state otherwise.

14) Keep proof of service

• Keep courier receipts, delivery confirmations, or email transmission logs.
• If required, complete and file a certificate of service or affidavit of service.

15) Update your internal records and templates

• Update your letterhead, signature blocks, and invoice details for this file.
• Update any standing directions for e‑service platforms, if used.
• Confirm the other parties have updated their records by noting the first document you receive at the new address.

16) Review scheduling and deadlines

• Confirm upcoming deadlines and hearings are calendared with the correct representative and address.
• If the change affects a scheduled hearing, notify the court clerk as required.

17) Correct errors promptly

• If you discover a mistake, file and serve a corrected Notice of Change.
• Do not rely on informal emails to fix the record. The filed form controls service.

Common pitfalls you can avoid

• Using the wrong file number or style of cause. Always match the last filed order.
• Missing a party on the service list. Cross‑check the docket or last order.
• Leaving out the effective date when coordination matters. State it if the form allows.
• Failing to state capacity for corporate or estate parties. Add titles and roles.
• Giving an email for service without consent where consent is needed. Confirm the rule and add the consent statement.
• Waiting to file until after a key deadline. File as soon as the change occurs.

Practical examples

• You start a claim on your own, then hire a lawyer. Your lawyer completes the form, lists you as the party, and marks it as a change from self-represented to represented. It shows your lawyer’s firm as the new address for service. The lawyer signs, files it, and serves everyone. From then on, the other side serves your lawyer.
• Your firm relocates. You fill out the form for each active file that lists the old office as the address for service. You record the new address and confirm email service if allowed. You file and serve the Notice of Change in each file before the move date. You ask the registry to update the service list. You then receive subsequent documents at the new address without disruption.
• Your company merges and changes name. You use the form to update the party name and the registered office. You attach the name change confirmation. You sign as the authorized officer. You file and serve it. The next order in your case reflects the new corporate name.

In each example, the method is the same. Capture the change, file it correctly, and serve it on time. That keeps the case record accurate and protects your right to notice.

Legal Terms You Might Encounter

• Style of proceeding: This is the case name at the top of your documents. It lists the parties in the order they started. On Form 36, match the style exactly with what is on the court file.
• Registry: This is the court location where your case is filed. Your Form 36 must show the right registry name. You also file the form at that registry.
• Court file number: The unique number the court uses for your case. It ties your Form 36 to the right file. A wrong number can delay processing.
• Party: A person or organization named in the case. Form 36 tells the court and other parties that your representation or address for service has changed.
• Counsel of record: The lawyer the court recognizes as acting for a party. A Notice of Change updates who the counsel of record is, or that you now act on your own.
• Self‑represented litigant: A party who does not have a lawyer. You use Form 36 to tell the court you now act in person or to confirm your new service details.
• Address for service: The official address where you accept court documents. It can include a physical address and email. Form 36 updates this address so others know where to serve you.
• Service: The process of delivering documents in a recognized way. After filing Form 36, you serve it on every party, so they update their records.
• Filing: The step of submitting a document to the court registry. Your Notice of Change is not active until you file it and the registry accepts it.
• Effective date: The date the change takes effect. This is often the filing date. If a different date is allowed, state it clearly on Form 36.

FAQs

Do you need to file Form 36 if you change only your email?

Yes. If your email is part of your address for service, you must file a Notice of Change. The court and other parties send documents to the service details on record. A missed update can cause you to miss deadlines.

Do you need consent to change lawyers?

Generally, you do not need consent from the other side to change lawyers. Your new lawyer files Form 36 to become counsel of record. If your former lawyer withdraws, they may file a separate notice. If a court date is imminent, the court may manage the timing.

Do you file Form 36 if you start acting on your own?

Yes. File a Notice of Change to show you now act in person. List your full address for service. This ensures you receive all future documents.

Can you add a second lawyer without removing the first?

Yes, if the rules allow multiple counsel of record. You still file a Notice of Change. Identify the added lawyer and their contact details. Make sure your address for service remains clear and singular.

Do you need to serve Form 36 on every party?

Yes. Serve all parties of record, including intervenors or added parties. If the rules require, serve the lawyer for each party rather than the party directly. Keep proof of service.

Does filing Form 36 affect your existing deadlines?

No. Your deadlines and hearing dates remain. A change of representation or address does not pause timelines. Your new lawyer or you must comply with all current dates.

How quickly should you file after a change occurs?

As soon as possible. File and serve immediately once the change is certain. Delays risk missed service and late notices, especially near hearings.

Is there a filing fee for Form 36?

There may be a fee. Check the current fee schedule before you file. If a fee applies, pay it when you submit the form.

Who signs Form 36?

If you are represented, your lawyer signs. If you act in person, you sign. Make sure the signature matches the role shown on the form.

Can you file Form 36 electronically?

In many cases, yes. Some registries accept electronic filing. If you file on paper, ensure legibility and include all pages and attachments.

What if you make a mistake on the Notice of Change?

If the registry has not accepted it, correct and refile. If it has been accepted, file a new Notice of Change with the correct information. Serve it again and label it clearly to avoid confusion.

Checklist: Before, During, and After the Form 36 – Notice of Change

Before signing

• Confirm the registry and court file number from a recent court document.
• Confirm the full style of proceeding and party roles.
• Decide the exact effective date for the change, if different from filing.
• Gather current and new address for service, including email and phone.
• Get full details of new counsel, firm name, and lawyer number, if applicable.
• Confirm whether multiple counsel will appear on record or if one will be removed.
• Identify every party and lawyer who must be served.
• Check the upcoming schedule: hearings, discoveries, deadlines.
• Confirm fee payment method for filing.
• Review any retainer, transfer, or withdrawal documents, if switching counsel.
• Ensure you have authority to sign on behalf of the party, if you are a lawyer or agent.

During signing

• Verify the style of proceeding matches the court file exactly.
• Confirm the court file number and registry are correct on every page.
• Check the party name and capacity (e.g., plaintiff, defendant, petitioner).
• Make sure the new address for service is complete and practical for delivery.
• If listing a lawyer, include full contact details and firm name.
• State whether you add or remove counsel, or change to self-represented.
• Insert a clear effective date, if different from filing.
• Sign and date in the correct signature block for your role.
• Review legibility and spelling, especially names and emails.
• If required, prepare proof of service or a service cover page.

After signing

• File the form at the correct registry, electronically or in person.
• Pay any filing fee and confirm the registry has accepted the document.
• Obtain a filed copy with a registry stamp or confirmation page.
• Serve the filed Form 36 on all parties of record without delay.
• Use a recognized method of service and keep proof of service.
• Update internal records, checklists, and calendaring systems.
• Notify process servers, experts, mediators, and court reporters if scheduled.
• Ask your former lawyer to transfer the complete file, if you changed counsel.
• Confirm that all outgoing correspondence uses the new service details.
• Watch for returned mail or bounced emails and fix issues immediately.
• Save a digital and physical copy in your case file.
• Note the date of the change in your file history.

Common Mistakes to Avoid in Form 36 – Notice of Change

• Serving only the opposing party and not their lawyer. Don’t forget that service often must go to counsel of record. Missing proper service can invalidate notice and cause delays.
• Using a partial address for service. Don’t forget to include unit numbers, postal codes, and reliable email. Incomplete details can lead to misdelivery and missed deadlines.
• Leaving the old lawyer or address on the form. Don’t mix old and new details. Conflicting records confuse the registry and other parties, and you risk dual service and lost documents.
• Filing in the wrong registry. Don’t guess. Confirm the correct registry on a recent court document. Filing at the wrong location can lead to rejection or processing delays.
• Omitting the file number or misnaming parties. Don’t rely on memory. Copy from a filed document. Errors can put the Notice of Change on the wrong file or stop it from being processed.

What to Do After Filling Out the Form Form 36 – Notice of Change

1. File the Notice of Change promptly. If you file electronically, keep the confirmation page. If you file in person, obtain a stamped copy. Confirm that the registry accepted the filing.
2. Serve all parties of record. Use a method that meets the service rules. If the other party has a lawyer, serve the lawyer, not the party. Keep proof of service for your records.
3. Notify anyone involved in active steps. Send the new details to mediators, experts, court reporters, and process servers. If a hearing is set, confirm the judge’s office and clerk have the correct contact details.
4. Update your address for service everywhere. Change your details on letterhead, email signatures, and any e-filing profiles. If you changed firms, update your voicemail and auto-replies to reflect the new information.
5. Coordinate the transfer of the file, if changing counsel. Ask prior counsel for the full file, including transcripts, exhibits, undertakings, and scheduling notes. Confirm trust balances or outstanding fees and how disbursements will be handled.
6. Check upcoming deadlines. Verify examinations, mediation dates, and filing deadlines. Make sure your new representation is prepared to meet them. Consider requesting timetable adjustments only where necessary and allowed.
7. Monitor service and communications. Watch for documents sent to the old address. If you see misdirected service, notify the sender and re-serve them with your Notice of Change.
8. Document the change internally. Record the effective date, who you served, and how you served. Store the filed Notice of Change and proof of service in your case management system.
9. If another change occurs, file again. A new address or a new lawyer requires a fresh Notice of Change. Do not rely on old forms or email updates alone.
10. If issues arise, address them early. If the registry rejects your filing, fix the issue quickly and refile. If there is confusion about counsel of record, clarify in writing and serve a corrected notice.