Discontinuance Flashcards
What are the ways in which a claim could end?
1) Trial or summary judgement
2) Settlement
3) Striking out
4) Admission
5) Discontinuance
What is trial or summary judgement?
The court decides in favour of one party
What is settlement?
Parties agree on a resolution
What is striking out?
Claim is dismissed for procedural failings
What is admission?
D accepts liability
What is discontinuance?
Claimant voluntarily withdraws all or part of the claim
What are the elements of discontinuance?
1) Only C can discontinue
2) C can discontinue at any time, even after trial
3) C can discontinue part or entire claim
4) C can discontinue against one or more D’s
What is the effect of discontinuance?
1) Claim ends
2) Claimant must pay D’s costs for discontinued portion of claim
When does a claimant need permission to discontinue?
If they have received any interim remedy before (i.e. injunction, money)
What is the procedure for discontinuance?
1) File a notice of discontinuance at court
2) Serve a copy on other party
3) C automatically liable for D’s costs up to that point
When does discontinuance take effect?
As soon as the notice is served
What should a C do if discontinuing due to settlement?
Ensure costs are addressed in the settlement agreement
What should C do about discontinuance if seeking to reissue claim later?
Be aware that court may not allow this if it appears to be an abuse of process
