s 36.73

Discontinuance of appeal

In force

(1)

An appellant may discontinue an appeal by filing a notice of discontinuance of the appeal, in accordance with Form 126:

(a)

without the Court’s leave—at any time before the hearing of the appeal; or

(b)

with the Court’s leave:

(i)

at the hearing; or

(ii)

after the hearing and before the judgment is pronounced or the order is made.

(2)

A notice of discontinuance has the effect of an order of the Court dismissing the appellant’s appeal.

(3)

A notice of discontinuance filed by one appellant does not affect any other appellant in the appeal.

(4)

An appellant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each respondent.

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