How to use a Supreme Court Notice of Intention to Proceed

What is a Notice of Intention to Proceed?

When do I use a Notice of Intention to Proceed?

Instructions for filling out the Notice of Intention to Proceed

Note: Mouse over any of the terms in green type to see a definition.

What is a Notice of Intention to Proceed?

A Notice of Intention to Proceed is a form that you fill out and serve on the other party when there has been a long delay in your Supreme Court action and you want to start it up again. This form notifies the other party that you want to continue with the court action, even though you may seem to have abandoned it.

When do I use a Notice of Intention to Proceed?

There are two situations in which you might use a Notice of Intention to Proceed:

If a final judgment has not yet been made

In a family law proceeding in which no final judgment has been made and no step has been taken for one year, you must serve a Notice of Intention to Proceed on all other parties. You may proceed with your application after you have filed a copy of the Notice and proof of its service (an Affidavit of Service) at the court registry and then waited 28 days after the Notice was served.

If the other party filed a document at the court registry containing an address for delivery, you can serve the Notice on that party by having the Notice delivered to that address. If the other party did not file a document at the court registry with an address for delivery, then you can deliver the Notice by mailing a copy by ordinary pre-paid mail to the other party's lawyer or, if the other party does not have a lawyer, to the other party's last known address. You will have to provide proof of service, so if you serve the Notice by mailing it, send it by double registered mail.

Note: If you are proceeding with an uncontested divorce in which no step has been taken in the action for a year and the other party has not filed an Appearance, the registry may allow you to apply for your divorce without requiring you to serve the other party with a Notice of Intention to Proceed. Check with the registry before you fill out the form.

If you want to ask the court for an order to withdraw, change, or suspend an order made in your family law proceeding

If no step has been taken in your family law proceeding for one year or more and you want to ask the court for an order to withdraw, change, or suspend an order made by the court in that proceeding, you must do one of the following:

  • Have the Notice of Motion personally served on the other party by leaving a copy of the document with him or her. You cannot serve the Notice of Motion by delivering it to the other party's address for delivery, by delivering it to the party's lawyer, or by delivering it to the party's last known address. See the relevant self-help guide for more information about completing a Notice of Motion (Form 55).

OR

  • Have a Notice of Intention to Proceed served on all other parties and file a copy of the notice and proof of its service (an Affidavit of Service) with the court registry where your family law proceeding began. Then wait 28 days after the Notice of Intention has been served before delivering the Notice of Motion. If you proceed in this way, you cannot serve the Notice of Intention to Proceed by delivering it to the other party's address for delivery, the other party's lawyer, or to the other party's last known address. You must have it served as described in our self-help guide called How to serve documents.

The first procedure is recommended because it takes less time. However, you may find that the presiding judge will still ask you to provide a Notice of Intention to Proceed to the other party. In that case, refer the judge to rule 60(8) of the Rules of Court.

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Instructions for filling out the Notice of Intention to Proceed

  1. Beside "No," insert the court file number. You can find this number at the top right-hand corner of your Writ of Summons (Form 127) or current order.
  2. Beside "Registry," insert the name of the court registry. You can find this name at the top right-hand corner of your Writ of Summons (Form 127) or current order.
  3. Insert the plaintiff's name, exactly as it appears on your Writ of Summons (Form 127) or current order, below the word "BETWEEN" and to the left of the word "Plaintiff."
  4. Insert the defendant's name, exactly as it appears on your Writ of Summons (Form 127) or current order, below the word "AND" and to the left of the word "Defendant."
  5. Cross out either "plaintiff" or "defendant," whichever does not apply, in the first line of the form.
  6. Insert the name of the city where the court registry is.
  7. Insert the date (day, month, and year) that you fill out the form.
  8. Sign the form.

Below are links to a blank Notice of Intention to Proceed you can use. To complete the form, choose from the following options:

  • Print the form (in either Word or PDF) and use a typewriter to fill it out.
  • Print the form out and write on it (print legibly).
  • Download the Word file and fill it out using a computer word processor.

Note: If you need help with these forms, see Filling out court forms — Who can help.

Blank Notice of Intention to Proceed (Word) (PDF)

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A document that certifies that other documents have been served on (personally delivered to) the person they are intended for. It must be signed and sworn or affirmed by the person who served the documents.
The form used when there has been a long delay in a Supreme Court action and one party wants to notify the other that the court process is going to start up again.
A document that tells the judge/master and the other party what type of order an applicant is asking for, what evidence he or she will use to support the application, what the legal basis is for the order being requested, and how long the applicant thinks the hearing will take.

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