How Do I Stop a Family Law Action in the Supreme Court?: Difference between revisions
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{{JP Boyd on Family Law How Do I TOC|expanded=starting}} | {{JP Boyd on Family Law How Do I TOC|expanded=starting}} | ||
Only the claimant to a Supreme Court proceeding can stop the court proceeding without the proceeding going to trial or being settled. | Only the claimant to a Supreme Court proceeding can stop the court proceeding without the proceeding going to trial or being settled. |
Revision as of 20:18, 29 April 2013
Only the claimant to a Supreme Court proceeding can stop the court proceeding without the proceeding going to trial or being settled.
No one can stop a court proceeding for the claimant or force the claimant to stop a proceeding.
While it often happens that a proceeding is abandoned, typically when no one does anything in the action for a long time, that doesn't stop the court proceeding altogether or cancel any orders that have already been made.
To bring everything to a halt, the claimant must file a Notice of Discontinuance in Form F39, and deliver a copy of the filed notice to everyone else named in the proceeding. If the claimant does this too late, after a court proceeding has already been set for trial, the claimant can only stop everything with the consent of the other parties or a court order.
While there is no fee charged to file a Notice of Discontinuance, Rule 11-4(4) says that the respondent may be entitled to claim his or her court costs of the proceeding up to the date it is discontinued.
More information[edit]
You can find more information about Supreme Court procedure in the chapter Resolving Family Law Problems in Court within the section Starting a Court Proceeding in a Family Matter.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, March 24, 2013. |
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JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence. |