Can I stop the process whenever I want?

 

Generally speaking, once a Defence has been filed a lawsuit cannot be withdrawn without the express consent of the Defendant.  In such a case, a Defendant would usually ask for costs.  Consequently, initiating a lawsuit needs to be given serious thought.

 

Commencing a lawsuit in the Ontario Small Claims Court is serious business and ought not to be taken lightly.  Even though the amounts of money can be small, the issuance of a claim can impact a Defendant in several ways including, but not limited to, adversely affecting their credit record, requiring them to spend money on legal fees and taking time off of work.  This is in addition to the negative emotional toll a lawsuit can cause.  It is perhaps for these reasons that a Plaintiff cannot simply withdraw a Plaintiff’s Claim after it has been defended.

Under the Rules of the Small Claims Court a Plaintiff can discontinue a Plaintiff’s Claim if it has not been defended.  Once it has been defended, however, there are limited ways to terminate the proceeding and most, if not all, require some degree of input from the Defendant.

One of the easiest ways to put a matter to rest is by settling it.  If the Defendant is prepared to pay a Plaintiff something or allow a claim to be dismissed on a without costs basis these are options a Plaintiff may want to consider.

Beyond that, and after a Settlement Conference has been conducted, the Rules of the Small Claims Court state that a claim may not be withdraw without the express written consent of the Defendant (see Rule 13.09).  In such situations, and for the reasons given herein, a Defendant will usually demand something in the way of compensation for the time, money and inconvenience associated with defending the lawsuit.

Aside from the Defendant’s consent, the only other two ways that a lawsuit can be disposed of are by way of a judge, again with the risk of costs being awarded to the Defendant, or allowing the matter to be administratively dismissed by the Clerk of the Court if the file remains inactive more than two years after the issuance of the claim.  In the event of an administrative dismissal, however, a Defendant could still bring a motion for costs.

Consequently, and for all of these reasons, initiating a lawsuit should always be given serious and reflective consideration.