Form 4A – Consent to Act as Litigation Guardian

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form 4A – Consent to Act as Litigation Guardian?

Form 4A is a short court form used in the Small Claims Court. It confirms that you agree to act as a litigation guardian for someone who cannot manage a lawsuit on their own. In Ontario, that usually means a minor (under 18) or an adult who cannot make legal decisions. The form tells the court and the other parties that you accept this role. It also confirms key facts about your relationship and responsibilities.

This form belongs to the Superior Court of Justice – Small Claims Court. You file it with the court and serve it on the other parties. You attach it to your first step in the case. That could be a claim, a defence, a defendant’s claim, a motion, or a settlement request. You often file it together with the required affidavit that supports your role. The court relies on both documents to confirm you can act.

Who typically uses this form?

Parents often use it for a minor who wants to sue or needs to defend a claim. Adult children, spouses, close relatives, or trusted friends also use it for an adult who lacks capacity. A court‑appointed guardian or an attorney under a power of attorney may also act. The person who acts must have no interest that conflicts with the person’s best interests.

You need this form when a party is under disability. The court needs someone capable of managing the case. The law does not allow a minor or an incapable adult to appear on their own. The litigation guardian makes decisions, attends hearings, and instructs any representative. You also handle settlement approvals and cost issues. Form 4A records your consent and confirms you accept these duties.

Typical usage scenarios

A 16‑year‑old wants to sue a contractor for a botched job. A parent files the claim for the teen and attaches Form 4A. An adult with a cognitive impairment gets sued over a contract. Their sister wishes to defend the claim on their behalf. She files Form 4A with the defence. A settlement is reached for a minor after a property damage dispute. The litigation guardian signs Form 4A and the related affidavit and asks the court to approve the settlement. In each case, the court will not proceed without a valid consent.

The form is not long. It asks for the style of cause (the case title) and court details. It asks for your name, your contact details, and your relationship to the person. It includes a consent statement. It confirms you understand your duties and potential cost risks. You sign and date it and file it with any required supporting documents. Once filed, you act for the person throughout the case unless the court orders a change.

When Would You Use a Form 4A – Consent to Act as Litigation Guardian?

You use Form 4A any time a party under disability needs to bring or defend a Small Claims Court case. You file it with your first step. If you are starting a claim for a minor, prepare Form 4A and the supporting affidavit with the claim. You file both together. If a minor or an incapable adult gets sued, you file Form 4A and the affidavit with the defence. You do the same for a defendant’s claim, a motion, or a request for settlement approval.

Consider common, practical examples. A tenant under 18 sues a landlord for an illegal entry and damaged property. A parent consents to act and files Form 4A with the claim. A small business sues an adult who cannot attend to legal matters due to incapacity. The person’s spouse wants to respond. The spouse files Form 4A with the defence to take conduct of the response. A family member needs to approve a settlement on behalf of a minor. They file Form 4A and ask for the court’s approval of the settlement and any payment terms.

The typical users vary by situation. Parents often act for minors. Spouses or close relatives often act for adults with capacity issues. A guardian of property or an attorney under a valid power of attorney may also act. A trusted family friend may act if no closer relative is available. The person must be an adult with capacity, must act in the person’s best interests, and must have no conflict.

You also use Form 4A if you enter a case midstream. That happens if a minor turns out to be a party but no litigation guardian was on record. It also happens if an adult party becomes incapable during the case. In both examples, the court will pause steps until a litigation guardian files a consent. You would file Form 4A with a motion or with the next procedural step.

There is another timing point. If the minor turns 18 during the case, your role ends when they assume conduct. You should let the court and the parties know. You file a short notice to update the style of the cause and confirm the change in capacity. Until that happens, you remain responsible. Do not assume your role ends without a filing that clarifies the change.

Legal Characteristics of the Form 4A – Consent to Act as Litigation Guardian

Form 4A is legally significant. It is not a casual permission note. It is a formal consent filed in a court proceeding. The court uses it to confirm that the person under disability has a proper representative. The Rules require a litigation guardian for any party under disability. Without a valid consent, the court can reject filings or set aside steps. It can also stay the case until a proper consent is filed.

The form is legally binding because it records your acceptance of duties. You confirm that you will act in the person’s best interests and manage the case. You confirm you are an adult with capacity. You confirm you have no conflict with the person’s interests. You also accept potential cost exposure. That includes paying costs ordered against the person you represent. The court can enforce costs orders against you in that role.

Enforceability rests on a few elements. The form is signed and dated by you. It is filed with the court and served on the parties. It is paired with a sworn affidavit that supports your authority and suitability. The affidavit confirms your relationship, the person’s status, and the absence of conflicts. If you rely on a guardianship or power of attorney, you attach proof. The court can rely on your sworn statements. A false statement can have serious consequences.

General legal considerations are practical. You must act promptly and in good faith. You must protect the person’s rights and manage deadlines. You must seek court approval for a settlement involving a person under disability. You must keep reasonable records of decisions and steps taken. If you hire a representative, you must give instructions and monitor the file. You must keep your contact information current with the court and all parties.

Conflicts and capacity deserve attention. You cannot act if you have an interest that conflicts with the person’s case. For example, you cannot act if you are also a defendant with opposing interests. If a conflict later arises, you must step aside. The court can remove you and appoint someone else if needed. If your own capacity changes, you cannot continue. You must notify the court and parties so a replacement can be arranged.

The court can review your role at any time. If another party challenges your suitability, the court may hold a short hearing. It may require more evidence of capacity or authority. It may order a change of litigation guardian. Being proactive helps. File complete, accurate forms and attach clear proof of authority where relevant. Serve everyone and keep proof of service.

How to Fill Out a Form 4A – Consent to Act as Litigation Guardian

Follow these steps. Use clear, complete information. Print neatly or type. Keep names consistent across all documents.

1) Identify the court and file

• Enter the court name: Superior Court of Justice – Small Claims Court.
• Enter the court address where the case will be filed or is pending.
• If you already have a court file number, add it. If you are starting a claim, leave it blank. The clerk will add it when issuing the claim.

2) Set the style of the cause

• List the parties as they appear or will appear on the claim or defence.
• If the party under disability is the plaintiff, format the name like this:

“[Full name of person], a minor, by [Your full name], Litigation Guardian.”

• If the person is a defendant, format it the same way in the defendant section.
• Use full legal names. Do not use nicknames or initials only.

3) Identify the person under disability

• Provide the full name and role (plaintiff or defendant).
• Confirm in your supporting affidavit why they need a litigation guardian.
• If the person is a minor, include their date of birth in the affidavit, not on 4A.
• If the person is an incapable adult, confirm the incapacity basis in the affidavit.

4) Complete your information

• Enter your full legal name as the litigation guardian.
• Include your mailing address, phone number, and email for service.
• This will be the address for all court documents. Keep it current.

5) State your relationship and the basis to act

• Indicate how you are related to the person. For example, a parent, spouse, adult child, or friend.
• If you are a guardian or an attorney under a power of attorney, you will attach proof.
• Keep the description simple and accurate.

6) Confirm you are eligible

• You must be an adult with capacity.
• You must have no interest that conflicts with the person’s interests.
• If any potential conflict exists, explain it in the affidavit and how you will avoid it.

7) Acknowledge your duties and costs

• The form includes a consent statement. It records that you accept the role and duties.
• Know that you may be liable for costs order against the person you represent.
• You will manage the case, give instructions, and attend hearings.

8) Sign and date the consent

• Sign the form where indicated for the litigation guardian.
• Print your name beneath your signature.
• Add the date. Use the same date you will file, if possible.
• The consent is not an affidavit. It does not require a commissioner. Your supporting affidavit is sworn separately.

9) Prepare and attach your supporting affidavit

• Complete the required affidavit that supports your role as litigation guardian.
• In the affidavit, state the facts showing the person’s status as a minor or as incapable.
• Confirm you are suitable and have no adverse interest.
• Attach proof of authority if you rely on a guardianship or a power of attorney.
• Label attachments as schedules. For example, “Schedule A – Power of Attorney dated [date].”

10) Align with your first step in the case

• If you are starting a claim, attach Form 4A and the affidavit to the claim at filing.
• If you are filing a defence, attach Form 4A and the affidavit to the defence.
• Do the same with a defendant’s claim or a motion, if that is your first step.

11) File with the court

• File the package at the Small Claims Court office handling the case.
• Include the claim or defence, Form 4A, the affidavit, and any schedules.
• Pay any required filing fee for the main document. Form 4A itself does not attract a separate fee.

12) Serve the parties

• Serve Form 4A and the supporting affidavit on every other party with your first step.
• Use a permitted method of service for the main document. Include Form 4A in the same service.
• Keep proof of service. You may need it later.

13) Check the style of the cause on all documents

• Ensure the case title shows the person under disability properly.
• It should include “by [Your Name], Litigation Guardian.”
• Keep this format on all filings until the role changes or ends.

14) Update representation details if you retain help

• If you hire a representative, add their contact information where forms request it.
• You remain the litigation guardian. You still give instructions and make decisions.
• Ensure your representative serves and files documents under the correct style of cause.

15) Keep your contact details current

• If your address, phone, or email changes, inform the court and all parties in writing.
• Update the information on your next filing as well.
• Missed notices can lead to default or delay.

16) Manage settlements properly

• If you settle a claim that involves a person under disability, seek court approval.
• File the settlement materials with your consent and affidavit.
• Provide details of the settlement and any payment terms. Include why the settlement is fair.

17) If the minor turns 18

• When the person reaches 18, they may take over the case in their own name.
• File a short notice to update the party description and capacity.
• Serve all parties. Until that filing, you remain on record.

18) If you must stop acting

• If a conflict arises or you cannot continue, act quickly.
• Arrange for a suitable replacement litigation guardian.
• File a request or motion for a change of litigation guardian if needed.
• Do not abandon the role without a filed change. The court must recognize the change.

19) Keep a full copy set

• Keep a complete copy of Form 4A, the affidavit, and all schedules.
• Keep stamped copies after filing. Keep proof of service.
• Bring these documents to every hearing or settlement discussion.

20) Avoid common mistakes

• Do not list the minor or incapable adult alone as a party without “by Litigation Guardian.”
• Do not forget to file the supporting affidavit with Form 4A.
• Do not omit proof of guardianship or power of attorney if you rely on it.
• Do not sign with the wrong date or leave the signature line blank.
• Do not fail to serve the other parties.

Practical tips help your filing go smoothly. Use the exact legal names for all parties. Match spelling across all documents. Use the court address of the place where the dispute arose or where a defendant carries on business. Keep sentences on your forms short and clear. If a clerk points out a gap, fix it and refile promptly.

Once Form 4A is accepted, you have the authority to act in the case. You take all steps for the person you represent. You attend settlement conferences and trials. You review evidence and make procedural choices. You approve or reject settlement offers. You pay any costs the court orders against the represented party. You collect any judgment in their favour. You must always act in their best interests.

Filing Form 4A early avoids delay. Attach it to your first filing so the court can move the case along. If there is any doubt about capacity, include clear facts in your affidavit. If you rely on a formal appointment or power of attorney, attach it. Serve everyone. Keep proof. With a complete Form 4A and affidavit on file, the court can recognize your role, and the case can proceed.

Legal Terms You Might Encounter

Litigation guardian. This is the adult who takes legal responsibility for a person who cannot sue or defend on their own. By signing Form 4A, you accept that role for the case. You make decisions, give instructions, and take the steps the person could not take themselves.

Person under disability. This describes someone who cannot manage a lawsuit. It includes a minor and a person who lacks mental capacity. Form 4A lets the court know an adult is stepping in to protect that person’s interests in the case.

Minor. A person under the age of majority. A minor cannot sue or defend alone. Form 4A confirms that an adult will litigate on the minor’s behalf and accept responsibility for the conduct of the case.

Capacity. Capacity is the ability to understand information and appreciate the consequences of decisions. If someone lacks litigation capacity, they need a litigation guardian. Form 4A is how you tell the court you are willing to act for them.

Conflict of interest. A conflict exists when your interests could pull you in a different direction than the person you are representing. For example, if you owe or are owed money in the same dispute. When you sign Form 4A, you confirm you have no conflict with the person under disability.

Affidavit. An affidavit is a sworn statement of facts. Courts often require an affidavit that supports your consent to act. It usually confirms your relationship, lack of conflict, and that you understand your responsibilities, including exposure to costs. Expect to sign and file that affidavit with or after Form 4A.

Costs. Costs are money the court may order one party to pay another for legal steps, fees, and some expenses. As a litigation guardian, you can be responsible for costs if the case does not go your way or if you act unreasonably. Form 4A acknowledges this risk.

Service. Service means giving the other parties a copy of a document in the way the court requires. After filing Form 4A, you often need to serve it on the other parties and keep proof of service. Proper service avoids delays and challenges.

Representative. A representative is someone authorized to act for a party, such as a lawyer or paralegal. In Small Claims Court, parties can appear on their own or use authorized representatives. Even if you use a representative, you remain the litigation guardian and must sign Form 4A yourself.

Settlement. A settlement resolves the case without a trial. When a person under disability is involved, settlements may need court approval. As a litigation guardian, you would sign off on the settlement and seek any approval the court requires. Form 4A tells the court who has the authority to do that.

FAQs

Do you need to file Form 4A at the start of the case?

Yes. File Form 4A as soon as you start the claim or defence for a person under disability. If the case has already started and you discover that a party needs a litigation guardian, file the form right away. Courts can pause steps until a valid consent is on file.

Do you also need to file an affidavit with your consent?

Usually, yes. Expect to file an affidavit confirming your relationship, that you have no conflict, and that you understand you may be responsible for costs. The court uses the affidavit to confirm your suitability and your awareness of the role.

Do you have to be a lawyer or paralegal to act as a litigation guardian?

No. A litigation guardian is typically a parent, family member, friend, or trusted adult with no conflict. You may still choose to get a representative to help with the case. Whether or not you use a representative, you remain responsible for decisions and for the costs and risks.

Do you take on personal risk for costs by signing Form 4A?

Yes. If the court orders costs against the person under disability, you can be personally responsible for paying them. This can include some fees and disbursements of the other side. Manage this risk by acting reasonably, meeting deadlines, and following court directions.

Do you need court approval to settle a case involving a minor or someone who lacks capacity?

Often you do. Courts may require approval before a settlement is binding when a person under disability is involved. As a litigation guardian, you prepare the settlement materials, sign on the person’s behalf, and seek the necessary approval. Ask the court office about the required process in your case.

Can you withdraw as a litigation guardian after you file Form 4A?

You can, but you usually need the court’s permission or a replacement ready to take over. File a request to be removed and explain why you cannot continue. Keep acting until the court confirms the change, or you could cause delays that affect the case.

Can you sign and file Form 4A electronically?

Courts often accept scanned or electronically filed documents. If you e-file, a typed name or scanned signature may be acceptable. If you file in person, sign in ink. Check the filing method you plan to use and follow the court’s signature requirements for that method.

Do you need a separate Form 4A for each case or each party?

Use one Form 4A per case for each person under disability you represent in that case. If you act for two minors in the same case, complete a separate consent for each. If you start a new case, file a new consent for that case.

Checklist: Before, During, and After

Before signing: Information and documents you need

• Full legal name and contact details for the person under disability.
• Your full legal name, address, phone, and email.
• Your relationship to the person and a short description of how you know them.
• Court file number, court location, and case title (if the case is already started).
• Proof of your authority, if you hold a formal appointment (for example, guardianship or power of attorney for personal care or property). Bring the document in case the court asks to see it.
• A clear understanding of the claim or defence, the relief sought, and any deadlines already set.
• Confirmation that you have no conflict of interest.
• Awareness of potential cost exposure and your ability to pay costs if ordered.
• Any companion affidavit the court requires to support your consent.
• The most up-to-date version of the form and completion instructions from the court office.

During signing: Sections to verify

• Correct court location and proper court file number.
• Exact spelling of names for you and the person under disability.
• Accurate case title that matches the claim or defence already filed or to be filed.
• Clear statement that you consent to act as the litigation guardian.
• Statement that you have no interest adverse to the person you represent.
• Acknowledgment that you may be responsible for costs.
• Your signature and date, with your printed name below it.
• If required, a commissioner or notary line on any affidavit filed with the consent. Ensure you sign in front of the commissioner if applicable.
• Your full mailing address and email for service.
• Any representative’s details, if you have a lawyer, paralegal, or agent involved.

After signing: Filing, notifying, storing

• • File the signed Form 4A with the Small Claims Court office handling the case. File it with your first step in the case, or as soon as you become a litigation guardian.
  • If the court requires an affidavit, file it at the same time as your consent or as directed by the clerk.
  • Serve a copy of the filed Form 4A (and any supporting affidavit) on all other parties. Use a permitted method of service and keep proof.
  • Confirm the court docket reflects you as the litigation guardian. Ask the clerk to update the record if needed.
  • Calendar upcoming deadlines for pleadings, motions, and settlement events. You now manage these for the person under disability.
  • Store stamped copies, proof of service, and your notes in a safe, organized file. Keep both paper and electronic copies.
  • If your contact information changes, file an updated address for service and notify all parties.
  • If your status changes or a replacement is needed, apply to substitute the litigation guardian and file a new consent.

Common Mistakes to Avoid

Leaving out the court file number or using the wrong location. This can cause the clerk to reject your filing or misplace the form. Don’t forget to match the file number and courthouse to the claim or defence.

Failing to confirm no conflict of interest. If you skip or gloss over this, the court may question your suitability. This can delay the case and force you to refile. Don’t forget to state clearly that your interests are not adverse.

Not acknowledging potential costs. If you omit or strike out the costs acknowledgment, your form may be refused. Even if accepted, you could face later challenges. Don’t forget to accept the role with full awareness of the costs and risks.

Missing the companion affidavit when required. If you file Form 4A without the supporting affidavit, the court may put the case on hold or reject your documents. Don’t forget to file both together when the court asks for an affidavit.

Signing incorrectly. Signing on the wrong line, using only initials, or failing to date the form can invalidate it. Don’t forget to sign in full, date the form, and include your printed name and contact details.

What to Do After Filling Out the Form

File it promptly. Submit the signed Form 4A to the Small Claims Court office that has the file or will receive your first filing. If you are starting a claim, include Form 4A with the claim. If you are responding to a claim, include it with your first response.

File any required affidavit. If the court requires an affidavit to support your consent, file it with or immediately after Form 4A. Make sure the affidavit is properly sworn or affirmed before a commissioner.

Serve the other parties. After filing, serve filed copies on each party. Use an approved method of service and keep your proof of service. If the clerk asks for an affidavit of service, prepare and file it.

Confirm your status on the record. Ask the clerk to confirm that the case record shows you as the litigation guardian. Check that your address for service and email are correct in the file.

Manage next deadlines. Diarize all upcoming dates: limitation issues, delivery of pleadings, document exchange, settlement conferences, and any motions. As a litigation guardian, you must keep the case on track.

Consider representation. Decide if you will proceed on your own or with a representative. If you retain a lawyer, paralegal, or agent, file their contact details so the court and parties know who to communicate with.

Handle settlement correctly. If you reach a settlement, confirm whether court approval is required because a person under disability is involved. Follow the court’s process, file the required documents, and wait for approval before finalizing payment or dismissal.

Update changes promptly. If your address, email, or phone number changes, file an updated address for service and notify all parties. If your circumstances change and you can no longer act, apply to have a new litigation guardian appointed and file a new consent.

Amend if you made an error. If you notice a mistake in your filed Form 4A, prepare a corrected version and file it with a brief note explaining the correction. Serve it at the parties so the record stays clear.

Keep a complete file. Maintain a binder or digital folder with the filed Form 4A, any supporting affidavit, proof of service, correspondence, and court notices. This record helps you respond quickly to court requests and manage cost exposure.