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What is a Notice of Intention to Proceed?

A Notice of Intention to Proceed (Form F48) is a form that you fill out and serve on the other party when there's 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?

In a family law case 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 (Form F48) on all other parties. You may proceed with your application after you've filed a copy of the notice and proof of its service (an Affidavit of Ordinary Service [Form F16]) at the court registry and then waited 28 days after the notice was served. For more information about how to serve documents and fill out an Affidavit of Ordinary Service (Form F16), see our self-help guide How to serve Supreme Court documents.

If the other party filed a document at the court registry containing an address for delivery service, you can serve the notice on that party by having the notice served at that address. If the other party didn't file a document at the court registry with an address for service, then you can serve the notice by mailing a copy by ordinary pre-paid mail to the other party's lawyer or, if the other party doesn't have a lawyer, to the other party's last known address. You'll have to provide proof of service, so if you serve the notice by mailing it, send it by registered mail.

Important: If you're proceeding with an undefended (uncontested) divorce in which no step has been taken in the action for a year and the other party hasn't filed a Response to Family Claim (Form F4), 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 (Form F48). Check with the registry before you fill out the form.

Instructions for filling out the Notice of Intention to Proceed

You can either fill out the Notice of Intention to Proceed (Form F48) online or print it and fill it out by hand (print neatly using dark-coloured ink).

1. Beside "Court File No," insert the court file number. You can find this number at the top right-hand corner of your Notice of Family Claim (Form F3) or current order.
2. Beside "Court Registry," insert the name of the court registry. You can find this name at the top right-hand corner of your Notice of Family Claim (Form F3) or current order.
3. Insert the claimant's name, exactly as it appears on your Notice of Family Claim (Form F3) or current order.
4. Insert the respondent's name, exactly as it appears on your Notice of Family Claim (Form F3) or current order.
5. Beside "Filed by:" insert your name.
6. Beside "To," insert the name of the other party.
7. After "TAKE NOTICE that," insert your name.
8. Insert the date (day, month, and year) that you fill out the form.
9. Sign the form.

Important: At this time, earlier versions of Acrobat Reader and the Preview application on Mac computers (and some servers and the Google Chrome browser) don't support these new forms, so you may need to either update your Acrobat Reader or use a PC at your local library or a friend's place to access them.

Tip: To find out how the forms work, see the Supreme Court Civil and Family Forms "How To" Guide on the Court Services Branch website.

If you need help, see Filling out court forms — Who can help.

If you're in Vancouver and need help with these forms, the Vancouver Justice Access Centre Self-Help and Information Services can help you.

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