Form 1C – Objection to Request to Change Attendance Method

Jurisdiction: Country: Canada | Province or State: Ontario

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

Form 1C is a Small Claims Court form used when you oppose a change to how a court event will run. It lets you tell the court you object to a switch in the method of attendance. The other party will have filed a request to change the method of attendance, usually using a request form. Form 1C is your chance to respond with clear reasons and evidence.

“Method of attendance” means how you and others appear for a court event. In Small Claims Court, events can be in person, by video, by telephone, or in writing. The change request might be for a settlement conference, motion, assessment hearing, or trial. The court sets a default method. A party can ask to change it. If you disagree, you use Form 1C to object.

Who typically uses this form?

Self‑represented litigants, paralegals, and lawyers. Plaintiffs and defendants in Small Claims Court can all use it. That includes individuals, small businesses, contractors, commercial landlords or tenants, and insurers. If you are a witness or third party, you do not file this form yourself. The party calling you may rely on your needs as a reason to object.

You would need this form when the proposed change would harm your ability to participate fairly. The change might cause delays, create extra costs, or make evidence harder to present. It might risk a witness not attending. It might reduce fairness in a case where credibility is key. You may also object if the change ignores accessibility needs or creates privacy risks that matter to your case.

Typical usage scenarios

You have a trial set for in‑person attendance. The other side asks to move it to video. You object because your case turns on credibility, and you plan to present many physical exhibits. Or, your settlement conference is set by video. The other party asks to move it in person. You object because you live far away and cannot afford the travel and time off. Another example: the other party asks for a telephone conference for a motion with disputed documents. You object because a video is needed to review documents together and avoid confusion. You can also object when the request is late and would derail your preparation.

Form 1C is a procedural response. It does not decide the outcome by itself. It tells the court your position and why. The court will review both sides and decide the method that best serves a fair, efficient, and accessible process.

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

Use Form 1C any time you receive a formal request to change the way a scheduled Small Claims event will proceed, and you disagree. Time is critical. The court may act on the request quickly. File your objection as soon as you can, and before the court decides.

You might use it if the proposed change would cause real prejudice. That means it would hurt your ability to present your case effectively or affordably. For example, you run a small contracting business. Your trial is set by video. The other side asks to switch to in-person with little notice. You object because you need to keep working at clients’ sites, and travel would cost you lost income and extra expenses. You also note that documents and photos can be handled well by video.

Or you are a defendant with limited internet access. The other side asks to move an in‑person trial to video. You object because you do not have a stable connection. You cannot attend from a private space free of distractions. You also plan to cross‑examine the plaintiff and assess credibility. You explain why in‑person attendance would be fairer.

Suppose you are a plaintiff in a commercial property dispute. You plan to bring large, fragile exhibits and demonstrate how a defect caused loss. The other side asks to proceed by telephone. You object because the telephone will not allow the court to see key evidence or gauge witness demeanour. You also propose a compromise, such as video, if in‑person is not possible.

You could be a commercial landlord or a small business tenant in a claim after a lease ends. The other party asks to switch the settlement conference to in-person. You object due to health concerns and the availability of your insurer’s representative, who can only attend by video. You explain that remote attendance would still support productive settlement talks.

Insurers, collection agencies, and franchise operators may object when logistics are complex. For example, multiple witnesses are in different cities. A move to in‑person would require travel and delay. Or privacy issues make in‑person attendance preferable to video for sensitive financial records.

You should also object when a request seeks a method that does not match the event’s needs. A telephone can work for simple scheduling issues. It may not suit a contested motion with many exhibits. Video may suit a settlement conference where flexibility matters. In‑person may suit a trial with credibility at stake. Your objection should tie the method to the event’s purpose.

Finally, use Form 1C if the requesting party did not consult or propose reasonable options. Courts look at cooperation. If you are willing to agree to a different method than the one proposed, say so. That can show you are reasonable and help the court craft a practical order.

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

Form 1C is part of the Small Claims Court procedural framework on methods of attendance. It is not a motion on the merits of your claim or defence. The court has broad discretion to set how people attend. The goal is fair, efficient, and accessible hearings. When you file Form 1C, you ask the court to exercise that discretion in your favour.

The form itself is not a court order. It becomes effective only when the court considers it and decides the method of attendance. Your objection is persuasive if it offers clear, concrete reasons linked to fairness, efficiency, access, and proportionality. The court may decide based on the written materials, or it may set a brief case conference to hear from both sides. The court may also decide without a hearing if time is short. If no one objects, the court may grant the change on consent or on the record.

Enforceability flows from two things. First, the Small Claims Court Rules require parties to follow court directions on attendance. Second, once the court endorses or orders a method of attendance, that direction is binding. If a party does not comply, the court can make procedural orders. That can include costs, adjournments, or proceeding in the party’s absence if fair to do so.

Your objection must be served on every other party and filed with the correct court location. Proper service and proof of service support enforceability. The court needs to know all parties had a fair chance to respond. If you file late, the court may still consider it if there is no prejudice. But you risk the court deciding before it sees your objection.

Your statement in the form must be truthful. Do not exaggerate or mislead. If you rely on personal circumstances, explain them briefly and attach only what is needed. For sensitive health or personal information, include only what the court needs to decide the attendance method. If you need special accommodation, flag that need and also contact the court’s accessibility staff. The method of attendance is not the same as accessibility accommodation, but the two can overlap.

Do not use Form 1C to change a hearing date or to adjourn. Those requests follow different steps. If you seek both, make that clear and use the correct process for each. The court may address the attendance method first and timing second.

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

Follow these steps to complete, serve, and file Form 1C in Ontario Small Claims Court.

1) Gather what you need

• The court file number.
• The Small Claims Court location where your case is filed.
• The title of the proceeding (Plaintiff(s) v. Defendant(s)).
• The event details: type of event, date, time, and current method of attendance.
• The other party’s request that you are objecting to.
• Contact information for every party or their representative.
• Any documents that support your reasons.

2) Read the other party’s request carefully

• Note exactly what method they want (in person, video, phone, or in writing).
• Note which event it affects and when it is scheduled.
• Check any deadlines given for a response.
• Identify practical impacts on you, your witnesses, and your evidence.

3) Decide your position and any alternative you will accept

• Do you want to keep the current method?
• If not, is there a different method you can accept?
• Think through fairness, cost, logistics, witness availability, and evidence.
• Be ready to explain your reasons in plain terms and propose a practical option.

4) Complete the top portion of Form 1C

• Enter the court file number exactly as it appears on your case documents.
• Identify the court location. Use the same Small Claims Court address on your claim.
• Fill in the full names of all plaintiffs and defendants.
• Provide your name, role (plaintiff or defendant), mailing address, email, and phone number.

5) Identify the event and the requested change

• State the type of event (for example, settlement conference, motion, assessment hearing, trial).
• Include the date and time set by the court, if known.
• Indicate the current method of attendance set by the court.
• State the method the other party has requested.

6) State that you object and give focused reasons

• Use short, specific sentences. Avoid general complaints.
• Explain how the requested change would harm fairness or efficiency.
• Tie your reasons to the event’s purpose. For example, “This is a credibility trial,” or “We will use many paper and physical exhibits.”
• Explain cost or access issues clearly. For example, “I do not have reliable internet,” or “My witness cannot travel.”
• If you propose an alternative method, say so. For example, “If not in person, I consent to video.”

Examples of clear reasons:

• “I plan to cross‑examine the plaintiff and several witnesses. In‑person attendance allows the court to assess demeanour.”
• “I do not have private space or reliable internet for video. The telephone would reduce my ability to review exhibits.”
• “We have 150 pages of exhibits and photos. Video is better than the telephone because we can screen‑share.”
• “My key witness is out of province and cannot attend in person. Video allows attendance without adjournment.”

7) Attach supporting material

• Add only what the court needs to understand your reasons.
• For technology issues, include a short statement describing your limits. You can add a screenshot or test result if helpful.
• For travel or cost issues, include a brief budget or estimate if it helps show proportionality.
• For witness needs, include a short letter or email confirming availability and constraints.
• Do not include unnecessary personal health details. If needed, keep it minimal and relevant.

8) Address accommodation and interpreters, if relevant

• If you or a witness needs an interpreter, say so. Explain why the proposed method would hinder that.
• If you need disability‑related accommodation, state that you have requested accommodation. Explain how the method of attendance affects your needs.
• Remember, accommodation requests also go through the court’s accessibility process. Raising it here helps the court choose the method that aligns with your needs.

9) Complete the service section and prepare proof of service

• List all parties and representatives you will serve.
• Use the address for service shown on the most recent court document filed by each party.
• Serve by an allowed method. Email is common if the party has provided an email for service. You can also use personal service, mail, or courier as the rules allow.
• Prepare an Affidavit of Service to prove service. Attach email delivery records or courier receipts as needed.

10) Sign and date the form

• Sign with your name clearly printed below.
• If you are a lawyer or paralegal, include your licence number and firm details.
• Provide a phone number and email where the court can reach you for short‑notice directions.

11) File the form with the correct court office

• File at the Small Claims Court location where the case is pending.
• You can file electronically or in person. Electronic filing is often the fastest for time‑sensitive requests.
• Include your proof of service with your filing.
• Use clear file names for any PDFs. Include the court file number, form number, and date.

12) Watch for the court’s decision

• The court may decide based on the written materials.
• The court may set a brief case conference to hear from both sides.
• The court may issue an endorsement or order confirming the method of attendance.
• As soon as you receive the decision, notify your witnesses and prepare to attend as directed.

13) If you are close to the event date

• File your objection immediately with a brief explanation for the timing.
• Ask the court to address the method on an urgent basis.
• Be ready to attend by the original method if the court has not decided in time.

14) If the other party filed late or without consulting you

• Note the lack of notice in your reasons.
• Explain any prejudice caused by the timing.
• Offer a reasonable alternative if you can. Courts value cooperation.

15) Do not mix this with adjournment or venue changes

• If you need a new date, follow the process for an adjournment or consent re‑scheduling.
• If you need to change the courthouse location, that is a different request.
• Keep your Form 1C focused on the method of attendance.

16) Practical tips to strengthen your objection

• Be specific. Generic claims rarely persuade.
• Be proportional. Tie your reasons to the complexity and stakes of your case.
• Be cooperative. Offer alternatives that meet the event’s goals.
• Be concise. Judges read many forms. Short, clear reasons help you.

What happens if the court denies your objection?

You must attend by the method ordered. If the ordered method poses new, serious issues, raise them with the court right away. Do not skip the event. If the court grants your objection in full or in part, align your preparation with the ordered method. For example, organize exhibits for screen‑sharing if video, or prepare exhibit binders if in person.

What if there are multiple parties with different needs?

Set out your position clearly. Serve all parties. If you can accept a hybrid option, say so. A hybrid model can allow a distant witness to attend by video while the main parties appear in person. The court may adopt a flexible approach to balance fairness and access.

Finally, keep your tone professional and practical. The court is focused on fairness, efficiency, and access. Show how your proposal meets those aims. Provide only the evidence needed to support your reasons. Serve everyone, file on time, and be ready to proceed as directed. That is the most effective way to protect your interests when you object to a change in the method of attendance.

Legal Terms You Might Encounter

Attendance method means how you will take part in the court event. It could be in person, by video, by telephone, or in writing. Form 1C exists because someone asked to change this method. You use it to say why that change should not happen.

Request to change the attendance method is the other party’s request to switch how the event will run. They may want to move from in-person to video, or from video to in-person. Form 1C objects to that request. You explain why the change would be unfair, impractical, or harmful to your case.

Filing is submitting your completed Form 1C to the court. You file before the deadline on the notice or set by the court. Filing puts your objection into the court record so a judge can consider it.

Service is delivering a copy of your filed Form 1C to every other party. The court expects you to serve properly and on time. Keep proof of how and when you served. If you miss service, the court may ignore your objection.

Proof of service is your evidence that you served the other party. It could be an affidavit of service or another acceptable confirmation. It tells the court who received the document, how, and when. Without it, your objection may not be considered.

Endorsement is the judge’s written direction on your file. The endorsement may say the event will proceed in person, by video, by telephone, or in writing. It may set conditions, such as deadlines for filing exhibits or testing technology. Read it closely and follow it exactly.

Affidavit is a sworn or affirmed statement of facts. You might attach an affidavit to support your objection. For example, you could swear that you lack reliable internet, that a witness cannot use video, or that documents must be shown in person. Sworn evidence carries more weight than unsworn statements.

Exhibit is a document or item you plan to show the judge. Some exhibits are easier to present in person. Others are fine by video. In your Form 1C, you explain how the attendance method affects your ability to present exhibits clearly and fairly.

Adjournment means delaying the event to a later date. If your objection raises practical issues—such as needing time to arrange in-person attendance—the court could adjourn. Only ask for an adjournment if you truly need it and explain why.

Accommodation is a change to the process so you can participate equally. It might involve interpreters, accessibility, or technology support. If your objection is based on the need for accommodation, say so clearly and explain what you need and why it affects the attendance method.

FAQs

Do you need to file Form 1C in every case?

No. You only use Form 1C if the other party has asked to change the attendance method and you disagree. If you accept their proposed method, you do not file this form.

Do you have to give reasons for your objection?

Yes. The court needs concrete, practical reasons. Explain how the proposed method affects fairness, access, or efficiency. Use facts. For example, say you cannot show key documents by video, or that a witness lacks technology.

Do you need to attach evidence?

It helps. Attach short, focused documents that support your reasons. Examples include a sworn statement about your internet reliability, a letter from a witness about access issues, or photos showing large or complex exhibits that need in-person viewing. Label attachments clearly.

Do you have to propose an alternative?

Yes. Tell the court the attendance method you want and why it works better. Offer solutions. For example, ask for in-person cross-examination, but permit video for scheduling or housekeeping issues. The court looks for practical, fair options.

Do you have to serve the other party?

Yes. After you file your Form 1C with the court, serve it on all other parties. Use a permitted method. Do it promptly. Keep proof of service. If you do not serve, the court may not consider your objection.

Do you need to pay a fee?

Ask the court clerk if a fee applies. If a fee is required, pay it when you file. If you cannot pay, ask about options. Do not delay filing while you sort out payment—confirm the requirement in advance.

Do you get a hearing on your objection?

Sometimes. The court may decide based on the written materials. Or it may schedule a brief appearance to hear from both sides. Watch for a notice or endorsement. Be ready to explain your reasons clearly and to answer questions.

Do you risk costs if you object?

You could. If your objection lacks merit or causes unnecessary delay, the court can award costs against you. Stay factual and reasonable. Focus on fairness and practicality. Avoid unnecessary disputes.

Do you need to object by a deadline?

Yes. Often, the notice sets a deadline. If not, file and serve your Form 1C as soon as possible. Delay hurts credibility and can make logistics harder. If you are late, explain why and file immediately.

Can you withdraw your objection?

Yes. Tell the court in writing and notify the other party. If a hearing is scheduled on the objection, advise everyone right away. Confirm the final attendance method and update any logistics.

Checklist: Before, During, and After

Before signing

• Confirm file number, court location, and party names.
• Identify the specific event (e.g., settlement conference, trial) and its date.
• Review the other party’s request and proposed attendance method.
• Decide your preferred attendance method and explain why.
• Gather support: affidavits, letters, schedules, or photos of exhibits.
• Check witness availability and technology capacity.
• Note any accommodation or interpreter needs tied to the attendance method.
• Prepare a concise statement of your reasons.
• Confirm deadlines for filing and service.
• Verify current contact details for every party.
• Plan how you will serve and how you will prove service.

During signing

• Verify the case number and courthouse are correct.
• Spell all party names as they appear on court documents.
• State the event type and date exactly as scheduled.
• Identify the requested method and the method you want.
• Write clear, fact-based reasons. Avoid arguments or personal attacks.
• Refer to any attachments in your reasons and label them.
• Check that dates, times, and availability details are accurate.
• Add your phone and email, and indicate consent for email if you agree.
• Sign and date in the correct place. Use your legal name.
• Number pages and attachments so nothing is missed.

After signing

• File the form with the court before the deadline.
• Serve a copy on all other parties using a permitted method.
• Complete and keep proof of service.
• Calendar next steps: possible hearing on the objection, decision date, or logistics.
• Monitor messages for a court endorsement or scheduling notice.
• Prepare for either outcome. Plan logistics for in-person or test technology for remote.
• Inform your witnesses about the likely attendance method and what it means for them.
• Store a complete copy of everything you filed and served.

Common Mistakes to Avoid

Not giving specific reasons. Saying “I prefer in person” is not enough. Consequence: The court may dismiss your objection quickly. Don’t forget to link your reasons to fairness, access, or evidence.

Missing the deadline. Late objections can be ignored. Consequence: The event proceeds by the requested method, and you must comply. Don’t delay; file and serve as soon as you can.

Failing to serve all parties. If someone misses your materials, the court may not consider them. Consequence: Your objection may be rejected, and costs could follow. Don’t forget to keep proof of service.

Ignoring logistics and evidence. You must explain how the method affects exhibits, witnesses, or cross-examination. Consequence: The court sees no practical problem and denies your objection. Don’t forget to show the real-world impact.

Overstating or arguing emotionally. Personal attacks hurt credibility. Consequence: The court may discount your points and consider costs. Don’t forget to keep it factual, concise, and professional.

What to Do After Filling Out the Form

File and serve promptly. Submit your Form 1C to the court and serve all parties. Keep proof of service. Confirm that your filing reached the court and is associated with your case.

Watch for a court response. The court may issue an endorsement choosing the attendance method. Or you may receive a notice for a brief appearance to address your objection. Review every notice carefully. Add key dates to your calendar.

Prepare for both outcomes. While you wait, plan for the method you prefer and the one you oppose. If in person is possible, prepare travel, time off, and document binders. If remote is possible, test your internet, camera, microphone, and screen-sharing. Have a backup plan if technology fails.

Coordinate with witnesses. Tell each witness the likely method and what it means for them. For in-person events, confirm availability and travel. For video events, test their devices and practice sharing documents. Provide a simple checklist so they arrive ready.

Manage exhibits. Decide how you will show exhibits under each method. For in-person, prepare clean copies, tabs, and a spare set. For video, prepare clear scans, simple filenames, and a sharing plan. If an exhibit cannot be viewed well on a screen, flag that in your materials.

Address accommodations early. If your objection involves accessibility or interpretation, make the request right away. Explain what you need and how it connects to the attendance method. Confirm any arrangements set by the court.

If the court grants your objection. Follow the endorsement. Confirm the attendance method, date, time, and any conditions. Share logistics with witnesses. Complete any steps the endorsement requires, such as filing exhibit lists or testing technology.

If the court denies your objection. Comply with the method set by the court. Do not skip the event. Non-attendance can lead to orders against you, including costs or judgment. If new facts arise that change the fairness of the method, act quickly and provide updated information.

Amending your objection. If you discover new, material information before the court decides—such as a witness losing internet access—prepare a short update. File it, serve it, and keep proof. Be concise and explain why the new information matters.

Withdrawing your objection. If you reach an agreement or no longer object, notify the court and the other party in writing. Confirm the agreed attendance method and any logistics so everyone prepares consistently.

Keep everything organized. Store your filed form, proof of service, endorsements, and related correspondence. Use a simple naming system and keep both electronic and paper copies. The organization saves time and avoids mistakes as the event approaches.

Plan your day-of logistics. For in-person, plan travel, parking, security screening, and arrival time. Bring your documents, identification, and a notepad. For remote, sign in early from a quiet space, test equipment, and have phone backup if video drops.

Stay professional. Judges expect cooperation on procedural matters. Even if you disagree, keep communications calm, brief, and solution-focused. Offer practical options the court can adopt.

Keep your focus on fairness and efficiency. The court balances access to justice, health and safety, technology, and case complexity. Your objection is stronger when it shows how your proposed method lets everyone present their case clearly, on time, and at a reasonable cost.