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  5. Discontinuance of a case at the Small Claims Division

Discontinuance of a case at the Small Claims Division

A plaintiff may decide to discontinue a case at the Small Claims Division. 

The plaintiff must discontinue the case in writing, by filing:

The proceedings will continue if there are any other plaintiffs in the case.

Reimbursement of the defendant’s judicial fees

If the discontinuance results from an agreement between the parties, they must also agree on the reimbursement of the defendant’s judicial fees. If the parties fail to agree, the defendant must produce a statement of judicial fees and send it to the plaintiff. If the plaintiff opposes the statement, the clerk makes a decision on the matter. 

If the plaintiff discontinues the case without an agreement between the parties, the judicial fees are deemed to be payable by the plaintiff, unless the court decides otherwise.

In such a case, the defendant must apply in writing for the reimbursement of his or her judicial fees and produce a statement of the fees paid using the prescribed form, available from the court office for the Small Claims Division. 

If the party that discontinued the case considers that the judicial fees incurred are excessive, he or she has 10 days to notify his or her opposition. The statement of fees will then be verified by the clerk. 

If no opposition is filed after the statement of fees has been produced, the defendant may make a request to have it homologated by the clerk to obtain the voluntary reimbursement of the judicial fees. 

Cross-application on the record

If the plaintiff discontinues a case after the defendant has filed a defence that includes a cross-application, the case is continued for the purpose of hearing the cross-application. 

Last update: September 9, 2021

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