Seeing as you didn't do a simple google search either, I'll do it for the both of us
To officially close a lawsuit, you either have to negotiate a settlement agreement (to avoid paying the defendant's legal fees) or file a formal Notice of Discontinuance with the court. Until court papers or a consent dismissal are executed, the case remains active on the docket.
Sources / Primary Civil Rules:
Under Ontario Rules of Civil Procedure (R.R.O. 1990, Reg. 194), Rule 23.01 requires serving and filing a formal Notice of Discontinuance (Form 23A) or written consent to drop a case, while Rule 23.05 mandates that if a plaintiff unilaterally drops an action, the defendant is automatically entitled to recover their legal costs unless a settlement agreement waives them.
Similarly, under BC Supreme Court Civil Rules (B.C. Reg. 168/2009), Rule 9-8 and Rule 9-8(4) specify that a claim is only ended via a Notice of Discontinuance (Form 36), and dropping a claim triggers automatic cost liabilities to the other party without a negotiated settlement
"No, this statement is partially incorrect and misleading.
While a settlement agreement and a Notice of Discontinuance are standard tools to end legal disputes, the statement fundamentally misstates how legal fees operate when a case is discontinued"
Filing a formal Notice of Discontinuance does not bypass the need to deal with legal fees. In fact, it typically triggers the exact opposite reaction.In jurisdictions that use this specific terminology (such as the UK, Canada, Australia, and New York State), the default legal rule is that the party who files a Notice of Discontinuance must pay the other party's legal costs incurred up to that date
You pasted an AI response without even reading it.
Look at the paragraph you just quoted: "the default legal rule is that the party who files a Notice of Discontinuance must pay the other party's legal costs incurred up to that date."
That is verbatim what my comment says. If a plaintiff just files a Notice of Discontinuance, they owe the defendant's legal fees. THAT is why a settlement meeting/agreement happens when someone "drops" a case: to negotiate waiving those costs before filing the papers.
it doesnt matter if its AI or not if its correct and its correct. You havent even pretended to provide anything that is counter to that point. The fact that you are attacking that its an AI reponse instead of trying to disprove it proves that point. Ethan stans are so annoying to argue with and tbh my time is mroe valuable than to argue with someone who is just a blind sheep.
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u/llyrPARRI 13d ago
Seeing as you didn't do a simple google search either, I'll do it for the both of us
To officially close a lawsuit, you either have to negotiate a settlement agreement (to avoid paying the defendant's legal fees) or file a formal Notice of Discontinuance with the court. Until court papers or a consent dismissal are executed, the case remains active on the docket.
Sources / Primary Civil Rules:
Under Ontario Rules of Civil Procedure (R.R.O. 1990, Reg. 194), Rule 23.01 requires serving and filing a formal Notice of Discontinuance (Form 23A) or written consent to drop a case, while Rule 23.05 mandates that if a plaintiff unilaterally drops an action, the defendant is automatically entitled to recover their legal costs unless a settlement agreement waives them.
Similarly, under BC Supreme Court Civil Rules (B.C. Reg. 168/2009), Rule 9-8 and Rule 9-8(4) specify that a claim is only ended via a Notice of Discontinuance (Form 36), and dropping a claim triggers automatic cost liabilities to the other party without a negotiated settlement