(1)

A party may discontinue a case by filing a Notice of Discontinuance (Form 10).

(2) A party must apply to the court for permission to discontinue a case if:

(a)

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

(b)

in an Application for Divorce — there are less than 7 days before the date of the hearing.

Note
Under subsection 79 (8) of the Act, a party may continue with an application for property even if one of the parties has died.

(3)

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

Note
If one or more joint applicants, but not all, discontinue a case, any discontinuing applicant becomes a respondent.

(4)

If a party discontinues a case, another party may apply for costs within 28 days after the Form 10 is filed.

(5) If:

(a)

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

(b)

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

the other party may apply for the case to be stayed until the costs are paid.