Commonwealth Consolidated Regulations

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Discontinuing a case

             (1)  A party may discontinue a case by filing a Notice of Discontinuance .

             (2)  A party must apply to the court for permission to discontinue a case if:

                     (a)  the case relates to property of the parties, or a party, and one of the parties dies before the case is determined; or

                     (b)  in an application for divorce--there are less than 7 days before the date of the hearing.

Note:          Under subsection 79(8) of the Act, a party may continue with an application for property even if one of the parties has died.

             (3)  Discontinuance of a case by a party does not discontinue any other party's case.

Note:          If one or more joint applicants, but not all, discontinue a case, any discontinuing applicant becomes a respondent.

             (4)  If a party discontinues a case, another party may apply for costs within 28 days after the Notice of Discontinuance is filed.

             (5)  If:

                     (a)  a party is required to pay the costs of another party because of the discontinuance of a case; and

                     (b)  the party required to pay the costs starts another case on the same, or substantially the same, grounds before paying the costs;

the other party may apply for the case to be stayed until the costs are paid.

Note:       An application under this Part is made by filing an Application in a Case and an affidavit (see rules 5.01 and 5.02).


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