Discontinuance of appeal
33.31 Discontinuance of appeal
An applicant may discontinue an appeal by filing a notice of discontinuance of the appeal, in accordance with Form 78:
without the Court’s leave—at any time before the hearing of the appeal; or
with the Court's leave:
at the hearing; or
after the hearing and before a judgment is pronounced or an order made.
A notice of discontinuance has the effect of an order of the Court dismissing the applicant’s appeal.
A notice of discontinuance filed by one applicant does not affect any other applicant in the appeal.
An applicant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each party to the appeal.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.