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RULE 19
DISCONTINUANCE
AND WITHDRAWAL

Analysis



Discontinuance of proceeding, etc., without leave

19.01. At any time before a proceeding is entered for trial or its hearing is commenced in chambers,

(a) a plaintiff may discontinue the proceeding or withdraw any cause of action therein against any defendant; or

(b) a defendant may withdraw the defence or any part thereof against any plaintiff,

by filing and serving a notice of discontinuation or withdrawal on any party concerned.

1986 c42 Sch D rule 19.01

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Discontinuance of proceeding, etc., with leave

19.02. (1)At any time after a proceeding is entered for trial or its hearing is commenced in chambers,

(a) a plaintiff may discontinue the proceeding or withdraw any cause of action therein against any defendant; or

(b) a defendant may withdraw the defence or any part thereof against any plaintiff,

by filing a notice of discontinuance or withdrawal on which is endorsed the consent of all parties of record, or by leave of the Court.

(2) An order of the Court under rule 19.02(1) may contain such terms as to costs, the bringing of any subsequent proceedings, or otherwise, as are just.

70/91 s1

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Costs

19.03. (1) Subject to rule 19.02, a party discontinuing a proceeding or withdrawing any cause of action therein or withdrawing the defence or any part thereof shall pay the costs of any opposing party to the date of giving notice of discontinuance or withdrawal to the party and, if before the payment of the costs the party subsequently brings a proceeding for the same, or substantially the same claim, the Court may order the proceeding to be stayed until the costs are paid.

(2) When an opposing party produces a notice of discontinuance or withdrawal that was served on the opposing party, the opposing party may tax the costs and enter judgment for the costs.

1986 c42 Sch D rule 19.03; 70/91 s2; 36/14 s19

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Effect of discontinuance

19.04. Subject to the terms of an order granted by the Court, the discontinuance of a proceeding or withdrawal of a cause of action therein shall not be a defence to a subsequent proceeding for the same, or substantially the same cause of action.

1986 c42 Sch D rule 19.04

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Counterclaims and third party proceedings

19.05. The provisions of Rule 19 shall apply with any necessary modification to a counterclaim or third party proceeding.

1986 c42 Sch D rule 19.05