Form 1B – Request to Change Attendance Method

Jurisdiction: Country: Canada | Province/State: Ontario

What is a Form 1B – Request to Change Attendance Method?

Form 1B is a short procedural form used in the Ontario Superior Court of Justice. You use it to ask the court to change how a scheduled court event will run. In plain terms, you ask to switch an event from in-person to virtual, from virtual to in-person, or to a hybrid format. You can also ask to allow some attendees to participate by telephone instead of video or in person.

The form applies to most civil and family events in the Superior Court of Justice. It is used for motions, case conferences, settlement conferences, pre-trials, applications, long motions, and even short attendances. It is not a general form for tribunals or the Ontario Court of Justice. It also does not cover administrative steps that do not involve a judge or associate judge. You only use Form 1B when the court has scheduled or presumptively assigned a specific attendance method, and you want that changed.

Who typically uses this form?

Counsel for a party often completes it. Self-represented litigants also use it. Corporate parties, insurers, municipalities, and the Crown use it through counsel. You can also request attendance changes for witnesses, experts, or interpreters as part of your filing. Witnesses do not file this form on their own. The party that calls them does.

Why would you need this form?

Because the court controls how proceedings run. There are presumptive attendance methods for common events. Sometimes those presumptions do not fit the realities of your case. You might need an in-person cross-examination, or a party might need remote access for medical reasons. Weather, distance, technology, costs, fairness, and scheduling pressures all matter. Form 1B gives the court the facts it needs to exercise its discretion.

Here are typical usage scenarios:

• Your summary judgment motion is set to proceed virtually. You plan to argue credibility issues and want in-person submissions. You file Form 1B to ask for in-person or hybrid attendance.
• Your pre-trial is scheduled in person at a courthouse three hours away. Your client has mobility issues and no caregiver that day. You request a virtual appearance for your client and counsel, with the judge in person.
• You are a self-represented party in a family case. Your settlement conference is set for a virtual appearance, but you lack stable internet. You ask for in-person attendance to avoid disruption.
• Your case involves three parties and two out-of-province experts. You request a hybrid hearing. You will attend in person, and your experts will appear by video.
• A severe storm is forecast for the hearing date. You request to shift an in-person attendance to virtual for safety and cost control.
• Your client is immunocompromised. You request a virtual method for all non-witness portions, with the option to move in person only for cross-examination.
• You have a simple scheduling motion with a short time estimate. You request a teleconference to avoid travel and minimize costs.

The form asks who you are, what the event is, the current attendance method, the method you want, whether the other parties consent, and why a change is justified. The court can grant the request on the written record. If there is opposition, the court may schedule a short appearance to decide. If the court grants your request, you receive an endorsement or order. That endorsement governs the event, and you must follow it.

The form is concise. Your job is to give clear, relevant reasons tied to fairness and practicality. You are not criticizing the court or the presumptive method. You are helping the court choose the mode that best fits your case.

When Would You Use a Form 1B – Request to Change Attendance Method?

You use Form 1B when you need the court to reconsider the attendance method for a specific event in your case. There are presumptive modes for different events. For example, many short motions and case conferences proceed virtually. Trials, long motions with witnesses, or matters requiring viva voce evidence often proceed in person. But no presumption fits every case. If the scheduled method is not workable or fair, you ask to change it.

Consider these practical situations. You are a personal injury plaintiff, and your pre-trial is set in person. Your treating physician can only attend by video at a narrow time window. You ask for a hybrid attendance to secure the expert’s evidence and avoid adjournment. Or you are a family litigant with a case conference set virtually. You have no private space and fear breaches of confidentiality at home. You request an in-person conference to ensure privacy and candour.

Business litigants often need hybrid solutions. Your accounting expert is overseas and can attend by video. Your key witness is local and can attend in person. You ask for a hybrid hearing to balance cost and reliability. Government or institutional parties may seek virtual attendance for short motions across multiple files in one day. This reduces travel and supports proportionality.

Self-represented parties may lack reliable technology. If your internet is unstable or you cannot access the video, a virtual event can fail. You request in-person attendance so you can participate fully. The opposite is also common. You live far from the courthouse and cannot miss a day’s wages and travel time for a one-hour motion. You request a virtual or teleconference method to minimize hardship.

There are also fairness reasons. Credibility issues can be central to a motion or hearing. The court may need to see and hear a witness in person. If your motion turns on cross-examination or body language, you may ask for in-person attendance. Conversely, where no witness will testify and the issues are legal, virtual attendance can be the efficient choice.

Health, safety, and accessibility also matter. A party’s medical condition, disability, caregiving responsibilities, or immunocompromised status may make in-person attendance improper or unsafe. You outline those needs and ask for a virtual appearance or hybrid solution. If you need disability accommodations, you explain the need in your request and propose a workable plan. You do not need to share more personal information than necessary. Provide enough detail to allow the court to assess the request.

Timing affects your choice to use the form. File early. Once a hearing is closed, the court may be less willing to adjust logistics. If circumstances change close to the event, you still file. Give the court specific, practical steps to make the change workable. For example, confirm that all counsel are available by video, identify any witness schedules, and provide a short time estimate. The court needs confidence that the change will not disrupt the list or prejudice any party.

In short, use Form 1B when the scheduled method will impair fairness, access, or efficiency in your case. Every request is fact-specific. Be precise about why the change is necessary and how it will help the court decide the issues.

Legal Characteristics of the Form 1B – Request to Change Attendance Method

Form 1B is a procedural tool, not a contract. By itself, it is not legally binding. It becomes legally significant when the court considers it and issues an endorsement or order. The court has broad discretion to control its process and set attendance methods. That discretion comes from the court’s rules, practice directions, and its inherent authority to manage proceedings.

What ensures enforceability is the court’s decision, not the form. If the court grants your request, the endorsement or order sets the method of attendance. You and the other parties must comply. If a party ignores the endorsed attendance method, the court can impose consequences. Those can include costs, adjournment, or other procedural directions. If the court denies the request, the scheduled method remains in place. You must prepare accordingly.

The court’s primary concerns are fairness, access to justice, and efficiency. The court will consider the nature of the event, the issues to be decided, the presence of any live evidence, the number of participants, and the technological resources available. It will weigh prejudice. For example, an in-person hearing may be needed to assess credibility. A virtual hearing may be appropriate for a legal argument with no witnesses. A hybrid method may be best to accommodate expert schedules or health needs.

Your duty of candour applies. If you cite health, technology, or scheduling reasons, be accurate and specific. Provide enough information for the court to understand the reality. Do not exaggerate or hide relevant facts. If you have the consent of other parties, say so. If you do not, explain their position fairly. The court expects professionalism and courtesy.

Service and notice matter. You must provide the request to all other parties. The court will want to know whether the request is on consent, unopposed, or opposed. Requests for consent are often addressed in writing without a hearing. Opposed requests may require a short appearance. Either way, the court’s decision will be recorded in the file.

Timing influences outcomes. Early, well-explained requests are more likely to succeed. Last-minute requests without compelling reasons are risky. The court needs to manage dockets and resources for in-person, virtual, and hybrid sessions. Your request should show that you have thought through the logistics and can implement the change without disrupting the list.

In summary, Form 1B is the vehicle. The court’s endorsement is the engine. Use the form to give the court the facts and practical plan it needs to choose the right attendance method.

How to Fill Out a Form 1B – Request to Change Attendance Method

Follow these steps. Keep your answers clear, brief, and factual. Use plain language. Type your information. Avoid handwritten forms if possible.

1) Identify the court file.

• Write the court file number exactly as it appears on your existing documents.
• Write the court location and region. Use the courthouse where your event is scheduled.
• Confirm the style of the cause. Include all parties in the same order as on your pleadings.

2) Identify the event you want to change.

• Name the event type. Examples: case conference, motion, long motion, pre-trial, application.
• Add the scheduled date and time. If the time is not fixed yet, state the week or list.
• Write the current attendance method. For example: “virtual by video,” “in-person,” or “telephone.”

3) State the attendance method you want.

• Choose one of: in-person, virtual by video, telephone, or hybrid.
• If hybrid, describe who attends and how. For example: “Counsel in person; client and expert by video.”
• If some witnesses need a different method, list them and the requested method.

4) Identify who is making the request.

• State your name and role. For example: “Plaintiff,” “Defendant,” or “Applicant” or “Respondent.”
• If you are counsel, name your client. Provide your firm, email, and phone number.
• If you self-represent, provide your email, phone, and mailing address.

5) Confirm consent or opposition.

• State whether the other parties consent, do not oppose, or oppose.
• Describe each party’s position if they differ. Use one sentence per party.
• If you could not reach a party, explain your attempts and when you tried.

6) Explain why a change is needed.

• Keep your reasons focused. Tie them to fairness, efficiency, or access.
• Examples of strong reasons:
• Credibility assessment or cross-examination is central and needs in-person.
• Your client has a medical condition. Virtual attendance avoids health risk.
• Key expert is out-of-province. Video allows timely, cost-effective evidence.
• You lack reliable internet. In-person avoids interruption and prejudice.
• Severe weather or travel barriers would risk non-appearance or delay.
• Short hearing with only legal issues is more efficient by video.
• Be specific. State facts, not conclusions. Avoid arguments about the merits of the case.

7) Address logistics.

• Confirm your technology if asking for virtual attendance. For example, stable video and audio.
• For hybrid requests, confirm the courtroom can support hybrid. Propose how to connect.
• List the number of participants. Include parties, counsel, witnesses, and interpreters.
• Provide a realistic time estimate for the event. Include time for any technological setup.

8) Address witnesses, interpreters, and accommodations.

• If you ask for a witness to appear by video or phone, name them and explain why.
• For interpreters, confirm language needs and modality. State whether in-person is required.
• If you seek disability accommodation, describe the need in general terms. Propose a method that addresses it. Keep details limited to what is necessary.

9) Provide supporting information.

• If appropriate, attach a brief supporting document. Examples:
• A short letter from a doctor confirming attendance limitations.
• A letter from an expert confirming video availability and time window.
• A travel plan showing distance and cost for a short hearing.
• Keep attachments concise. Avoid long affidavits unless truly necessary.

10) Propose an order.

• Offer concise proposed wording. Example:
• “The [event] on [date] shall proceed by [method].”
• “Counsel shall attend in person; [Name] and [Name] may attend by video.”
• “Any witness giving viva voce evidence shall attend in person unless otherwise agreed.”

11) Sign and date.

• If you are counsel, sign with your name and LSO number if applicable.
• If you self-represent, sign and print your name and contact details.
• Date the form. Use the same date for any supporting letter.

12) Serve the request.

• Send the completed form and attachments to all parties or their counsel.
• Use the same service method you use for other procedural materials in this case.
• Keep proof of service. Save your sent email or an affidavit of service if required.

13) File the request with the court.

• Submit the form to the court office that scheduled your event. Use the regional filing process for scheduling materials.
• If your event was scheduled through a trial coordination office, file it there.
• Include proof of service and your proposed order or wording.

14) Follow up and be ready to proceed.

• Watch for an endorsement or directions from the court.
• If the court sets a short hearing to address your request, prepare to explain your reasons succinctly.
• Once the court decides, notify your client, witnesses, and any experts.
• Update any invites or logistics for virtual or in-person attendance.

Practical tips that improve outcomes:

• File early. Give the court time to adjust lists and technology.
• Keep your reasons short and concrete. One to three paragraphs often suffice.
• Do not bundle unrelated relief with this request. Keep this form focused on attendance.
• Align your proposed method with the event’s nature. In-person is stronger for live evidence. Virtual is efficient for argument.
• If consent is partial, state the overlap. Narrow issues make approval easier.
• If technology is a concern, offer a test session or backup telephone option.

Common mistakes to avoid:

• Seeking a change at the last minute without compelling reasons.
• Making the request about strategy rather than fairness or access.
• Ignoring the other parties’ positions or failing to serve them.
• Overloading the court with unnecessary affidavits or exhibits.
• Vague statements like “virtual is better” without specifics.

Example of clear, effective reasons:

• “This is a one-hour motion on documentary issues. No witnesses will testify. Virtual attendance will reduce costs for all parties and avoid travel. All parties consent.”
• “Credibility is central to the relief sought. Cross-examination of [Name] will occur. In-person attendance is necessary. The other parties oppose virtual attendance. We request in-person for counsel and witnesses, with any non-evidence portions available by video if the court prefers.”
• “The plaintiff is immunocompromised. They cannot safely attend in person. Virtual attendance will allow full participation. The defendant consents. No live evidence will be given.”

Keep the tone professional and the facts precise. The court’s goal is a fair, efficient hearing. Your form should show how your requested method serves that goal.

Finally, plan for the outcome you asked for. If you seek virtual attendance, ensure you have quiet space, a reliable connection, and a device with a camera and microphone. Test your setup. If you seek in-person attendance, confirm travel times, courtroom location, and arrival procedures. If hybrid, coordinate witness timing to avoid delays. Good logistics make it easy for the court to say yes.

Legal Terms You Might Encounter

Attendance method means how you will attend your court event. It can be in person, by video, or by phone. On this form, you ask to change from the scheduled method to a different one.

Mode of proceeding is a broader term for how the court runs a hearing. It includes the attendance method and the format used. Your request asks the court to change that mode for your event.

Party means someone named in the case, like a plaintiff, defendant, applicant, or respondent. As a party, you can complete and sign this form to ask for a change.

Counsel means a lawyer acting for a party. If you have counsel, they usually sign and file this form for you. If you do not, you sign and file it yourself.

Self‑represented litigant means you appear without a lawyer. If that’s you, the court expects clear reasons and prompt service on others. Use the form to lay out your situation in plain language.

Service means giving a copy of your filed request to every other party. Service must be prompt and in the way the court accepts. Your form should confirm whom you served and how.

Filing means sending your completed form to the correct court office. The court only considers requests that are filed. Keep proof of filing, and make sure the file number is correct.

Affidavit or supporting evidence means written proof backing your reasons. Not every request needs an affidavit. But if you rely on facts outside the form, the court may expect evidence.

Consent means the other parties agree with your request. If you have consent, say so. Consent does not guarantee approval. It tells the court there is no dispute about the change.

Prejudice means unfair harm to someone’s case or rights. The court looks at whether your change helps or harms fairness. Use the form to explain how your request avoids unfair impact.

Accessibility accommodation means steps the court can take to address disability‑related needs. If your request relates to accessibility, say so clearly. Explain what you need to participate fully.

FAQs

Do you need consent from the other parties to request a change?

No. You can request a change without consent. Still, ask for consent before you file. If others agree, say so in the form. Attach any written confirmation if you have it. Consent helps, but the court still decides.

Do you have to attach evidence with your request?

Not always. The form asks for clear reasons. If your reasons are simple, the form may be enough. If you rely on medical limits, travel barriers, or tech restrictions, attach short supporting proof. Use only what you need to explain the request.

Do you need to notify the other parties?

Yes. Serve every other party after filing, and keep proof. The court may not consider your request if others were not served. If timing is tight, serve as soon as possible and explain the urgency in your form.

Can you request a change for specific witnesses only?

Yes. You can ask to change the attendance method for you, a witness, or both. Be specific about who needs the change and why. Explain how you will handle exhibits, identification, and cross‑examination if a witness appears remotely.

What if you do not hear back before the hearing?

Plan to attend by the originally scheduled method unless told otherwise. Bring a copy of your request and proof of filing and service. Be ready to explain the reasons at the start of the event if needed. Check messages often in case the court issues directions.

Can you ask to attend by phone instead of video?

Yes, if video is not possible or appropriate. Explain why a phone is needed and how you will manage documents. Courts prefer video over phone when credibility or documents matter. Address those concerns in your reasons.

What does the court consider when deciding your request?

The court looks at fairness, efficiency, and access to justice. It considers the hearing type, issues, evidence, witness needs, and any delay or cost. It also weighs tech reliability, confidentiality, and open court concerns. Clear, practical reasons help the court decide.

What happens if the court denies your request?

You must attend by the original method. If your situation changes, you can make a new request. Keep it focused and provide any new facts. If the denial creates a real barrier to participation, raise it at the start of the event.

Checklist: Before, During, and After

Before signing:

• Court file details. Have the correct court file number, case name, and judge (if assigned).
• Event details. Confirm the date, time, duration, location, and current attendance method.
• Requested method. Decide whether you seek in person, video, or phone, and for whom.
• Reasons. Draft clear reasons tied to fairness, access, cost, efficiency, and logistics.
• Tech and logistics. Note your tech abilities and limits, platform access, and backup plan.
• Witness needs. Identify any witness who needs a different method. Include how documents and ID will be handled.
• Documents. Gather any short supporting proof, such as medical notes or travel limits.
• Consent status. Ask other parties if they agree. Save their responses.
• Availability. Confirm your availability and any proposed alternate dates if needed.
• Confidentiality. Consider privacy issues for a remote appearance and how you will address them.

During signing:

• Parties and roles. Verify your name, role, and contact information are accurate and complete.
• Event accuracy. Double‑check the hearing date, time, location, and current method.
• Clear request. Confirm the requested method is stated once and is consistent throughout.
• Scope. Specify whether the change applies to you, a witness, or the entire event.
• Reasons. Ensure reasons are specific, practical, and tied to the event type.
• Evidence. Attach only necessary supporting documents and label them clearly.
• Service plan. Identify whom you will serve and how. Note any consents or objections.
• Signature and date. Sign in the correct space and date the form. If counsel signs, confirm authority.
• Attachments list. Make a short list of attachments for easy reference.
• Readability. Keep sentences short. Avoid jargon. Fix typos and formatting issues.

After signing:

• Filing. File the form with the correct court office or system for your case type.
• Service. Serve every other party promptly after filing. Include all attachments.
• Proof. Keep proof of filing and service. Save emails, receipts, or confirmations.
• Follow‑up. Check for court directions or endorsements. Monitor your inbox and phone.
• Preparation. If remote is likely, test your tech, camera, mic, and internet. Prepare documents in a shareable format.
• Witness setup. Confirm witness equipment, location, and ID process. Arrange a quiet, private space.
• Confidentiality. Plan how to protect sensitive information during a remote event.
• Calendar. Set reminders for the hearing and any deadlines the court sets.
• Update plan. If your situation changes, be ready to submit an updated request.
• Bring copies. Bring a copy of the request and proof of service to the event.

Common Mistakes to Avoid

Vague or weak reasons: Don’t say only that remote is “more convenient.” Explain concrete barriers or benefits. Tie reasons to fairness, cost, scheduling, witness needs, or document use. Thin reasons risk denial and last‑minute confusion.

Late or no service: Don’t forget to serve the other parties promptly. If you skip service, the court may ignore your request. You could lose time and damage credibility. Serve as soon as you file and keep proof.

Inconsistent details: Don’t list different dates, methods, or parties in different parts of the form. Inconsistency creates doubt and delays. Align the case number, event details, and requested method everywhere.

Ignoring witness logistics: Don’t request remote evidence without a plan. Address how the witness will be sworn, identified, and shown documents. If you ignore this, the court may deny the request or limit the evidence.

Missing attachments: Don’t refer to medical or tech limits without basic proof when needed. A short note or clear explanation can make the difference. Missing proof weakens your case and may lead to refusal.

What to Do After Filling Out the Form

File your request with the correct court office for your case type. Use the filing channel that your court accepts. Check that your document names are clear and include the court file number. Wait for a filing confirmation and save it.

Serve every other party with a complete copy. Include all attachments. Use an accepted service method and keep proof. If a party is represented, serve their counsel. If you have consent, include it with your service package.

Notify witnesses who are affected by your request. If you asked to change their attendance, tell them what may change and why. Confirm their tech setup, location, and the process for ID and documents.

Watch for court directions. The court may issue an endorsement, email, or notice. It could grant, modify, or deny your request. Read it carefully and follow every step. If there are conditions, calendar them and comply.

Prepare for both outcomes. Unless you receive approval, plan to attend by the original method. Also, prepare for the requested method. Have your tech ready and documents organized in both formats.

Arrange logistics if remote is approved. Test your video and audio. Secure a quiet, private space. Label your documents for quick sharing. Agree on exhibit protocols with the other side if possible.

Address confidentiality and privacy. If sensitive issues arise, plan how to avoid disclosure in a shared space. Use headphones and a secure connection. Have a method to exchange documents safely.

Coordinate with your client and team. Update everyone on the approved method. Confirm who will attend and from where. Assign roles for document handling and communications.

If your request is denied, reassess options. If circumstances change, you can submit a new request. Keep it focused on new facts. At the event, briefly explain any remaining barriers to participation.

If you need to amend or withdraw your request, act quickly. File a short update stating the change. Serve all parties. Confirm the court received it. This saves time and avoids confusion at the hearing.

Bring a copy of everything to the event. Have your filed form, proof of service, attachments, and the court’s directions. If questions arise, you can answer them fast.

Keep records for your file. Store the request, proof of filing, proof of service, and the court’s decision. Good records help with later events and with any costs or scheduling issues.

If the court sets conditions, meet them on time. This could include sharing documents early or providing contact details for remote access. Missing conditions can derail your event.

Confirm final logistics the day before. Recheck date, time, access links, or courtroom location, and backup plans. This avoids last‑minute mistakes that could waste the court’s time.

If others object after you file, respond promptly. Focus on fairness, efficiency, and access. Offer practical solutions, like adjusted timing or document protocols. Practical answers help resolve concerns.

If you are unsure about steps, ask the court office for procedural guidance. They cannot give legal advice, but they can explain filing and scheduling processes. Clear questions get faster answers.