Family Law Rules – Rule 12: Withdrawing, Combining or Splitting Cases

Angela Princewill

June 28, 2023

Withdrawing, combining or splitting cases

Withdrawing application, answer or reply

12. (1) A party who does not want to continue with all or part of a case may withdraw all or part of the application, answer or reply by serving a notice of withdrawal (Form 12) on every other party and filing it.  O. Reg. 114/99, r. 12 (1).

Withdrawal — special party or child party

(2) The application, answer or reply of a special party or a child party may be withdrawn (whether in whole or in part) only with the court’s permission, and the notice of motion for permission shall be served on every other party and on,

(a) the Public Guardian and Trustee, in the case of a special party; or

(b) the Children’s Lawyer, in the case of a child party. O. Reg. 250/19, s. 4.

Costs payable on withdrawal

(3) A party who withdraws all or part of an application, answer or reply shall pay the costs of every other party in relation to the withdrawn application, answer, reply or part, up to the date of the withdrawal, unless the court orders or the parties agree otherwise.  O. Reg. 114/99, r. 12 (3).

Costs on withdrawal by government agency

(4) Despite subrule (3), if the party is a government agency, costs are in the court’s discretion.  O. Reg. 114/99, r. 12 (4).

Combining and splitting cases

(5) If it would be more convenient to hear two or more cases, claims or issues together or to split a case into two or more separate cases, claims or issues, the court may, on motion, order accordingly.  O. Reg. 114/99, r. 12 (5).

Splitting divorce from other issues

(6) The court may, on motion, make an order splitting a divorce from the other issues in a case if,

(a) neither spouse will be disadvantaged by the order; and

(b) reasonable arrangements have been made for the support of any children of the marriage.  O. Reg. 114/99, r. 12 (6).