Removing a Party to a Proceeding

O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT

Withdrawal of Claim

13.09 After a settlement conference has been held, a claim against a party who is not in default shall not be withdrawn or discontinued by the party who brought the claim without,

(a) the written consent of the party against whom the claim is brought; or

(b) leave of the court. O. Reg. 78/06, s. 27.

11.05 (1) A defendant who has been noted in default shall not file a defence or take any other step in the proceeding, except making a motion under rule 11.06, without leave of the court or the plaintiff’s consent. O. Reg. 78/06, s. 24.

(2) Any step in the proceeding may be taken without the consent of a defendant who has been noted in default. O. Reg. 78/06, s. 24.

(3) A defendant who has been noted in default is not entitled to notice of any step in the proceeding and need not be served with any other document, except the following:

1. Subrule 11.02 (3) (service of default judgment).

2. Rule 12.01 (amendment of claim or defence)

3. Subrule 15.01 (6) (motion after judgment).

4. Postjudgment proceedings against a debtor under rule 20. O. Reg. 78/06, s. 24.

RULE 11.3 DISCONTINUANCE
Discontinuance by Plaintiff in Undefended Action

11.3.01 (1) A plaintiff may discontinue his or her claim against a defendant who fails to file a defence to all or part of the claim with the clerk within the prescribed time by,

(a) serving a notice of discontinued claim (Form 11.3A) on all defendants who were served with the claim; and

(b) filing the notice with proof of service. O. Reg. 393/09, s. 12.

(2) A claim may not be discontinued by or against a person under disability, except with leave of the court. O. Reg. 393/09, s. 12.

Motion to Strike out or Amend a Document

12.02 (1) The court may, on motion, strike out or amend all or part of any document that,

(a) discloses no reasonable cause of action or defence;

(b) may delay or make it difficult to have a fair trial; or

(c) is inflammatory, a waste of time, a nuisance or an abuse of the court’s process. O. Reg. 78/06, s. 26.

(2) In connection with an order striking out or amending a document under subrule (1), the court may do one or more of the following:

1. In the case of a claim, order that the action be stayed or dismissed.

2. In the case of a defence, strike out the defence and grant judgment.

2.1 In the case of a motion, order that the motion be stayed or dismissed.

3. Impose such terms as are just. O. Reg. 78/06, s. 26; Reg. 44/14, s. 11 (2).