Rule 11.3 – Discontinuance

Discontinuance by Plaintiff in Undefended Action

11.3.01 (1) A plaintiff may discontinue his or her claim against a defendant who fails to file a defence to all or part of the claim with the clerk within the prescribed time by,

(a) serving a notice of discontinued claim (Form 11.3A) on all defendants who were served with the claim; and

(b) filing the notice with proof of service.  O. Reg. 393/09, s. 12.

(2) A claim may not be discontinued by or against a person under disability, except with leave of the court.  O. Reg. 393/09, s. 12.

Electronic Filing

(3) If the plaintiff’s claim was issued electronically under rule 7.04, the plaintiff may file the notice of discontinued claim, with proof of service, electronically. O. Reg. 44/14, s. 10.

Effect of Discontinuance on Subsequent Action

11.3.02 The discontinuance of a claim is not a defence to a subsequent action on the matter, unless an order granting leave to discontinue provides otherwise.  O. Reg. 393/09, s. 12.