Family Court Rules 2021

A party may discontinue a case by filing a notice of discontinuance.

A party must apply to the court for permission to discontinue a case if —

the case relates to property of the parties, or a party, and 1 of the parties dies before the case is determined; or

in an application for divorce, there are less than 7 days before the date of the hearing.

Discontinuance of a case by a party does not discontinue any other party’s case.

If a party discontinues a case, another party may apply for costs within 28 days after the notice of discontinuance is filed.

A party may apply for the case to be stayed until costs are paid if —

another party is required to pay the costs of the party because of the discontinuance of the case; and

the party required to pay the costs starts another case on the same, or substantially the same, grounds before paying the costs.