How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 97501
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
10263656
Type Your Canada Family Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

How can a plaintiff dismiss a civil case without a lawyer

Customer Question

Hello, how can a plaintiff dismiss a civil case without a lawyer in Ontario, Canada?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
Is there a counter-claim?Does the plaintiff just want to forget about the case from the outset or has their been a settlement?
Customer: replied 1 year ago.

No, there is no counter claim. I need to dismiss the case with prejudice with each party to bear its own attorney's fees and costs. Is there any form I have to use to file it with the court?

Expert:  Legal Ease replied 1 year ago.
Was an agreement signed?
Customer: replied 1 year ago.

Not in this lawsuit.

Expert:  Legal Ease replied 1 year ago.
So why do you need to dismiss this with prejudice?The reason I am asking is that if this was settled you have to file minutes of settlement rather than just withdraw your case.
Customer: replied 1 year ago.

This particular case was not settled I just simply want to dismiss it. Can you tell me what form to use or how can I dismiss it myself?

Thank you.

Expert:  Legal Ease replied 1 year ago.
You can do this on your own so long as you have the consent of the other party. Here is the form to use: http://www.ontariocourtforms.on.ca/forms/civil/23a/RCP_E_23A_0707.pdf
Expert:  Legal Ease replied 1 year ago.
Let me know if you need further information.
Customer: replied 1 year ago.

After I fill this form do I have to send it directly to the court and to the defendant's lawyer? Is there any fee associated with filing of this form?

Thank you.

Expert:  Legal Ease replied 1 year ago.
I don't believe there is a fee. Yes. Serve it on the lawyer and file with the court.
Customer: replied 1 year ago.

Can I file this form to the court on-line? Does the defendant's lawyer need to sign the dismissal?

Expert:  Legal Ease replied 1 year ago.
You cannot file online but you may be able to fax. I suggest contacting the lawyer on the other side and indicating you are planning on serving and file this one document and does he/she agree.
Customer: replied 1 year ago.

If I have an attorney representing me that is only prolonging things so that is why I want to file this simple form myself, will the court accept this form from me or do I have to make some changes with the current lawyer?

Expert:  Legal Ease replied 1 year ago.
You have to serve and file a notice that you are self-reprsenting: http://www.ontariocourtforms.on.ca/forms/civil/15c/RCP_E_15C_0707.pdf
Customer: replied 1 year ago.

Thank you! One last question, do I need to sign an affidavit in support to motion to dismiss or can I just file the dismissal using the form 23 A without an affidavit?

Expert:  Legal Ease replied 1 year ago.
I don't see why you would need an affidavit if this is on consent but I would either confirm that with the court and do one just in case.
Customer: replied 1 year ago.

Can I file the self-representing form and dismissal form 23A at the same time? Both parties already agreed/consented to the dismissal so I need to have the case dismissed as soon as possible. Can you please tell me how to do it without any further delays?

Thank you.

Expert:  Legal Ease replied 1 year ago.
You can do it all at once.

I suggest contacting the courthouse and asking if you need an affidavit that shows this is on consent or if they want anything else so you are not delayed.

Just say the matter is being discontinued on consent and there is no issue as to costs as that is consented to as well and is that all you need.

Each court has slightly different procedures.
Customer: replied 1 year ago.

I was trying to call the courthouse but not sure who to speak to there. Do you know what department should I speak to regarding the dismissal?

Thank you.

Expert:  Legal Ease replied 1 year ago.
Just ask to speak to the central office where documents are filed.

Related Canada Family Law Questions