Discontinuance or Dismissal?

A common term of settlement is that the case will be dismissed on consent and without costs. This is a formality to close off the case before the Courts. It’s common to indicate who will obtain the order and usually it’s the defendant. The motion is a straightforward procedural matter within the jurisdiction of a Registrar.

On April 1, 2019, the Court fee to file a motion rose to $320. This increase has plaintiffs and defendants looking for workarounds. The solution is to discontinue the case on consent, without costs and to have the consent confirm the discontinuance is a defence to a subsequent action.

See Rule 23 of the Rules of Civil Procedure and in particular rule 23.04 concerning subsequent actions.

Through the Ontario Civil Trial Manual, we’ve prepared the forms (consent and notice of discontinuance) necessary to save $320 and streamline the process of closing off Court cases (no drafting motion records and no need to have orders issued, entered and served). As of March 2020, you can even file a consent discontinuance online – details on what can be filed online are here.

Please click here to go to our settlement precedents to purchase the consent discontinuance documents.

This article is courtesy of the Ontario Civil Trial Manual

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This manual is trial information, not trial legal advice.

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