A Faster, Simpler Way to End a Case in Ontario: Discontinuance and Dismissal Streamlined

Introduction 

Ending a civil case should be quick, clear, and low‑cost. Today, it often isn’t. The Ontario Civil Rules Review Working Group proposes straightforward reforms so parties can wrap up proceedings without unnecessary motions or delays. This matters because every extra step consumes client money, counsel time, and scarce court resources.  

Need for Change 

Under Rule 23.01, a plaintiff can discontinue before close of pleadings or later with consent; otherwise, leave is required. These barriers to discontinuance discourage timely discontinuances, leaving files to languish. In practice, a discontinuance with prejudice is functionally the same as a basic dismissal order, yet many settlements still drive consent dismissal motions. Those motions add cost, cause delay, and consume judicial time without changing outcomes. The Working Group sought to make discontinuance the default, with clarity on whether it is with or without prejudice, costs, and consent. 

Proposals 

The proposals generally shift power to the parties and remove needless steps. A claimant may discontinue all or part of a claim at any time by delivering a Notice of Discontinuance, subject to the defendant’s right to seek costs. A defendant may end its participation by filing a Notice of Withdrawal at any time, again subject to costs. Leave is no longer required to file a Notice of Discontinuance or a Notice of Withdrawal.  

Consent dismissal motions are replaced by Notices of Discontinuance as the default way to end a case. A dismissal order by motion is only required where ancillary relief is needed (for example, vacating a certificate of pending litigation), or where a party is under a disability and court approval is required under Rule 7 or by statute.  

The goal is simple: remove the procedural friction that prevents parties from ending litigation promptly once it no longer needs court adjudication.  

Recommendations 

To implement this simplification, the Working Group recommended the following amendments to the Rules: 

• Provide a claimant with the right to discontinue, in whole or in part, at any time by filing a Notice of Discontinuance, subject to costs. 

• Provide a defendant with the right to file a Notice of Withdrawal at any time, subject to costs.  

• Eliminate the leave requirement for Notices of Discontinuance and Notices of Withdrawal (except for parties under disability or where statute requires approval).  

• Make Notices of Discontinuance the default method to conclude settled matters and reserve dismissal orders for cases needing ancillary relief or mandatory court approval.