Form 124A is a mandatory procedural document under Rule 124 of the Federal Courts Rules used when a party transitions to a new lawyer of record. It ensures the Court and all opposing parties are officially notified, redirecting the service of all future pleadings, motions, and correspondence to the newly appointed counsel, thereby preventing missed deadlines or default judgments.
When taking over a litigation file in the Federal Court of Canada, officially substituting yourself as the solicitor of record is your immediate priority. Form 124A – Notice of change of solicitor is the prescribed document under the Federal Courts Rules (SOR/98-106) that effectuates this transition. Without filing and serving this notice, the former solicitor remains legally responsible for the file, and any documents served on them will be deemed validly served on your client, creating severe professional liability risks.
Under Rule 124, a party may change their solicitor at any time without needing a formal Court Order, provided they file and serve Form 124A. This process is unilateral but requires strict compliance with formatting and service rules. The new solicitor must guarantee that the Notice is drafted accurately, signed properly, and delivered to every single party involved in the action or application—including the former solicitor.
This comprehensive guide offers an interactive preview of Form 124A, detailed step-by-step instructions for completing each field and conditional block, and actionable insights on service requirements, electronic filing, and the technical standards mandated by the Courts Administration Service (CAS).
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Interactive Form 124A – Notice of change of solicitor Preview
Below is the live preview of the form. Click on any highlighted field or conditional block to jump directly to the detailed instructions.
| Court File No. [Court File Number] |
NOTICE OF CHANGE OF SOLICITOR
The [Party Role], formerly represented by [Former Solicitor Name], has appointed [New Solicitor Name] as solicitor of record.
[New Solicitor Street Address] [New Solicitor City], [New Solicitor Province] [New Solicitor Postal Code] Solicitor for the [Party Role] |
Step-by-Step Guide to Filling Out Form 124A – Notice of change of solicitor
Accuracy in identifying the parties and providing precise service addresses is crucial. Below is a detailed breakdown of every field and conditional block to ensure perfect compliance.
✍️ Court File Number
What to enter: The unique alphanumeric file number assigned to the proceeding by the Federal Court Registry.
Where to find this information: Located at the top right corner of any previously issued court documents (e.g., Statement of Claim, Notice of Application).
Example: T-123-24
✍️ Court Name
What to enter: The specific division of the Federal Courts handling the matter. Usually “FEDERAL COURT” or “FEDERAL COURT OF APPEAL”.
Where to find this information: The very top center of the originating document.
Example: FEDERAL COURT
⚖️ Is this proceeding related to an Order?
When to use this section: Check this box if the matter stems from a specific order or direction of the Court where a judge must be referenced in the style of cause.
Legal Rule: Federal Courts Rules, Rule 65, dictates the specific formatting and heading requirements for all documents filed.
✍️ Name of Judge/Officer
What to enter: The title and surname of the judge or prothonotary who made the related order.
Where to find this information: At the top of the formal Order issued by the Court.
Example: The Honourable Madam Justice Smith
✍️ Date of Order
What to enter: The date the referenced judicial order was pronounced or signed.
Where to find this information: The date stamp or handwritten date adjacent to the judge’s signature on the issued Order.
Example: October 12, 2025
⚖️ Is this an Action?
When to use this section: Enable this section if the underlying proceeding is an Action (Plaintiff suing a Defendant). This ensures the correct “BETWEEN: Plaintiff and Defendant” formatting is applied.
Legal Rule: Rule 169 of the Federal Courts Rules outlines actions and the required style of cause.
⚖️ Is this a Simplified Action?
When to use this section: Select this if the matter proceeds under the simplified action rules (claims typically under $50,000). It automatically adds the required “SIMPLIFIED ACTION” header.
Legal Rule: Pursuant to Rule 292 of the Federal Courts Rules, all documents filed in a simplified action must bear this exact heading.
✍️ Plaintiff Name(s)
What to enter: The full legal name(s) of the party initiating the action.
Where to find this information: From the Statement of Claim.
Example: ABC Manufacturing Ltd.
✍️ Defendant Name(s)
What to enter: The full legal name(s) of the defending party.
Where to find this information: From the Statement of Claim or subsequent amended pleadings.
Example: His Majesty the King in Right of Canada
⚖️ Is this an Application?
When to use this section: Check this box if the proceeding was commenced by a Notice of Application (such as a judicial review). It adjusts the style of cause to “Applicant and Respondent”.
Legal Rule: Rules 300 and 301 of the Federal Courts Rules govern applications and their specific formatting requirements.
✍️ Applicant Name(s)
What to enter: The full legal name of the individual or corporation bringing the Application.
Where to find this information: The Originating Notice of Application.
Example: Jane Doe
✍️ Respondent Name(s)
What to enter: The full legal name of the party responding to the Application or Appeal (often a government minister).
Where to find this information: The Notice of Application or Notice of Appeal.
Example: The Minister of Citizenship and Immigration
✍️ Statutory Provision
What to enter: The exact Act and section under which the application is brought.
Where to find this information: Directly below the style of cause on the Notice of Application.
Example: Section 72 of the Immigration and Refugee Protection Act
⚖️ Is this an Appeal?
When to use this section: Enable this block if the document is being filed for an appeal in the Federal Court of Appeal or a statutory appeal in the Federal Court, changing the heading to Appellant and Respondent.
Legal Rule: Part 9 of the Federal Courts Rules regulates appeals and their required nomenclature.
✍️ Appellant Name(s)
What to enter: The full legal name of the party launching the appeal.
Where to find this information: The Notice of Appeal.
Example: XYZ Corporation
✍️ Party Role
What to enter: The official litigation role of the party who is changing their solicitor.
Where to find this information: The style of cause on the originating documents.
Example: Plaintiff
✍️ Former Solicitor Name
What to enter: The full name of the lawyer or law firm that previously represented the party on the record.
Where to find this information: The back page (endorsement) of previously filed pleadings or the Court’s docket.
Example: Jane Doe
✍️ New Solicitor Name
What to enter: The full legal name of the incoming lawyer stepping in as the solicitor of record.
Where to find this information: The new solicitor’s professional profile as recognized by their provincial law society.
Example: Jonathan Miller
✍️ Date of Signature
What to enter: The date this Notice of Change of Solicitor is finalized and signed.
Where to find this information: The current date of document execution.
Example: May 19, 2026
⚖️ Include Law Firm Name?
When to use this section: Enable this block if the new solicitor practices under a law firm or professional corporation to properly identify the entity representing the client.
Legal Rule: Proper identification of counsel under the general rules for document format (Rule 65).
✍️ New Solicitor Firm Name
What to enter: The registered legal name of the incoming solicitor’s law firm.
Where to find this information: The firm’s letterhead.
Example: Miller & Partners LLP
✍️ New Solicitor Street Address
What to enter: The street address of the incoming solicitor’s primary office.
Where to find this information: The firm’s letterhead.
Example: 100 King Street West, Suite 4000
✍️ New Solicitor City
What to enter: The municipality where the new solicitor’s office is located.
Where to find this information: The firm’s letterhead.
Example: Toronto
✍️ New Solicitor Province
What to enter: The two-letter abbreviation or full name of the incoming solicitor’s province.
Where to find this information: The firm’s address details.
Example: ON
✍️ New Solicitor Postal Code
What to enter: The standard 6-character Canadian postal code of the new solicitor’s office, formatted with a space.
Where to find this information: The firm’s address details.
Example: M5X 1A1
⚖️ Include New Solicitor Phone?
When to use this section: Enable this to provide a direct contact number for the new solicitor, which is highly recommended for Registry communications.
Legal Rule: Rule 65 requires the inclusion of contact details for the solicitor of record.
✍️ New Solicitor Phone Number
What to enter: The main office or direct phone line of the incoming solicitor.
Where to find this information: The firm directory or email signature.
Example: 416-555-1234
⚖️ Include New Solicitor Email?
When to use this section: Enable this to add the new solicitor’s email address. The Federal Court relies heavily on electronic service and communication.
Legal Rule: Required for electronic service under Rule 141 and general contact mandates.
✍️ New Solicitor Email
What to enter: The primary professional email address of the new solicitor used for litigation matters.
Where to find this information: The firm directory or business card.
Example: [email protected]
⚖️ Include New Solicitor Fax?
When to use this section: Enable this only if the incoming firm actively receives and accepts service via fax.
Legal Rule: Optional, but recognized under the Rules for service.
✍️ New Solicitor Fax
What to enter: The facsimile number for the new solicitor’s office.
Where to find this information: The firm’s letterhead.
Example: 416-555-1235
✍️ Former Solicitor Street Address
What to enter: The primary street address of the outgoing lawyer, required to establish proper service on them.
Where to find this information: Their last filed document or firm website.
Example: 200 Wellington Street West
✍️ Former Solicitor City, Prov, Postal
What to enter: The remaining address details (city, province, postal code) of the outgoing counsel.
Where to find this information: Their last filed document.
Example: Toronto, ON M5V 3C7
⚖️ Include ‘AND TO’ Other Parties?
When to use this section: Enable this block if there are opposing parties or co-defendants/co-applicants in the proceeding. Rule 124 requires that every single party to the litigation be notified of the change.
Legal Rule: Rule 124(2) dictates service on all other parties.
⚖️ List of ‘AND TO’ Parties/Solicitors
When to use this section: Use this repeating block to add multiple opposing counsel or unrepresented parties. You must list their precise contact info to establish proper service.
Legal Rule: Rule 124 and general service list requirements mandate notice to universally all entities in the litigation.
✍️ Other Party/Solicitor Name
What to enter: The name of the opposing counsel (and who they represent) or the self-represented party.
Where to find this information: The latest Court docket or Record showing up-to-date representation.
Example: Department of Justice (Counsel for the Respondent)
✍️ Other Party Street Address
What to enter: The primary street address for service of the listed opposing party or solicitor.
Where to find this information: The back page (endorsement) of their last filed pleading.
Example: 120 Adelaide Street West, Suite 400
✍️ Other Party City, Prov, Postal
What to enter: The city, province, and postal code for the opposing party’s address for service.
Where to find this information: The address for service on their pleadings.
Example: Toronto, ON M5H 1T1
Supporting Documents & Filing Procedures
Filing a Notice of Change of Solicitor isn’t complete without proving that everyone involved in the case knows you have taken over the file.
Required Documents
- Form 124A – Notice of change of solicitor: The primary document. It must clearly articulate who the former solicitor was, who the new solicitor is, and the new address for service.
- Affidavit of Service (or Acknowledgment of Receipt): You must provide proof to the Federal Court Registry that this Notice was successfully served on both the former solicitor and every other party in the proceeding.
Deadlines & Service
- Timeline: There is no strict deadline to change lawyers, but the Notice must be filed and served immediately upon your retainer. Until filed, opposing counsel will continue serving the old lawyer, and those timelines will legally bind your client.
- Service Rules: Under the Federal Courts Rules, you can typically serve this document electronically (via email) on opposing counsel and the former solicitor, provided they have previously consented to e-service or it is permitted by a current practice direction.
Filing & Fees
- Where to file: Upload Form 124A and the accompanying Affidavit of Service through the Courts Administration Service (CAS) E-Filing portal.
- Gov Fee: There is generally no court filing fee specifically for submitting a Notice of Change of Solicitor.
Common Pitfalls & Rejections
- Improper Formatting or Missing Signatures: The Registry will reject the form if the General Heading does not match the exact style of cause on record, or if the PDF is generated improperly (e.g., non-searchable or corrupted margins). Always use the exact Court File Number.
- Incorrect Service Execution: A major pitfall is serving opposing counsel but forgetting to serve the former solicitor, or vice-versa. Rule 124 explicitly demands service on both. If you fail to do this, the Court may refuse to recognize you as counsel of record during a hearing.
E-Filing Technical Rules
- Accepted File Formats & OCR: The Federal Court CAS portal strictly requires PDF/A formats. The text must be Optical Character Recognition (OCR) searchable. Ensure your file size is reasonable and named correctly (e.g., ‘Notice_of_ Change_of_Solicitor_Plaintiff.pdf’).
- Electronic Signatures vs. Wet Ink: Rule 141 allows for electronic signatures on the Notice itself. However, verify the current commissioning rules for the corresponding Affidavit of Service, which often requires strict virtual commissioning compliance or a wet signature scan.
Next Steps & Special Scenarios
- Registry Review Process: Once filed, the Registry Officer will review the document and update the official Court Docket. You will see your firm’s name appear as counsel of record. Expect a confirmation email from the CAS portal.
- Unpaid Accounts / Solicitor Liens: Note that while Rule 124 allows a client to unilaterally change lawyers, the former solicitor may have a retaining lien over the physical client file for unpaid fees. Form 124A changes the record at the Court, but it does not resolve fee disputes or automatically transfer physical boxes of documents.
Frequently Asked Questions (FAQ)
What is Form 124A used for?
Form 124A is the official Federal Court document used to notify the court and all parties that a litigant has fired or replaced their lawyer, and a new solicitor is taking over the file.
Do I need a Court Order to change my lawyer?
No. Under Rule 124 of the Federal Courts Rules, a party may change their solicitor simply by filing and serving this Notice. No motion or judge’s order is required.
Do I need the signature or consent of the former solicitor?
No. The former solicitor does not need to sign Form 124A. However, they absolutely must be served with a copy of it so they know they are no longer legally responsible for the file.
What if a party had a lawyer but now wants to represent themselves?
In that scenario, you do not use Form 124A. Instead, the party must use Form 124B – Notice of Intention to Act in Person.
What happens if we forget to file Form 124A?
If the form is not filed and served, the former lawyer remains the official solicitor of record. Opposing parties can validly serve that old lawyer, and any missed deadlines will bind your client, potentially resulting in dismissed claims or default judgments.
How can I complete Form 124A faster and avoid formatting errors?
The fastest way to ensure your document is strictly court-compliant is by using our proprietary Legal Document Generator located in your Lawyer Dashboard. It automatically formats signature blocks, aligns the General Heading, populates the ‘AND TO’ service list, and generates a print-ready PDF/DOC ready for immediate e-filing.
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