PROC 124 Lecture Notes - Lecture 21: C.O.M.A., Affidavit, Service Of Process
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In practice, it"s very hard to achieve: most cases, esp. cases before sc, will require an application to judge to extend the 6m, so, there is flexibility built into the rule (there must be!, this motion is discretionary. In great majority of cases, such motions are granted (90%: motions to extend (art. ): before 6m have passed: excusing failure to comply (art. 177): after 6m have passed: discretionary power + impossibility to act , cusacorp (2010, qcca, sloppy lawyering has led to parties missing the deadline, art. It doesn"t mean that you"ll get the second part of the test court"s discretion. Discontinuance/withdrawal by plaintiff: general principle: p may give up and abandon the action, discontinuance does not amount to an admission that the claim is ill-founded, the action is abandoned, the right isn"t: art. A party should not be permitted unilaterally to terminate [ ] the action when prejudice to another party would result: ontario rule (ont.