Form 23A Notice of Discontinuance is the official prescribed document used under the Ontario Rules of Civil Procedure to formally abandon all or part of a lawsuit against one or more defendants. While there is no government fee to file this form, serving it automatically triggers the defendant’s right to claim their legal costs under Rule 23.04. It must be properly formatted, signed, and served on all parties before it is accepted by the court registry.
In civil litigation within Ontario, a plaintiff may occasionally determine that continuing an action is no longer viable, or the parties may have reached an out-of-court settlement. Under the Ontario Rules of Civil Procedure (specifically Rule 23), you cannot simply “drop” a lawsuit informally. Instead, you must draft, serve, and file a Form 23A Notice of Discontinuance to formally notify the court and opposing counsel that the action is being withdrawn.
You have the option to discontinue the action wholly (ending the entire lawsuit against all parties) or partially (dropping specific claims or discontinuing against specific defendants only). A critical procedural rule to remember is the timing of your filing. If you file the Form 23A before the close of pleadings, you do not need permission from the court. However, if pleadings have closed, you must obtain either the written consent of all parties involved or seek formal leave from a judge.
Cost consequences are the most vital aspect of discontinuing an action. According to Rule 23.04, when a plaintiff discontinues an action, they are generally liable to pay the defendant’s costs up to the date the Notice is served, unless there is a clear written agreement or court order stating otherwise. Ensuring strict compliance with court formatting rules avoids administrative rejections and prevents unexpected financial penalties.
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Interactive Form 23A Notice of Discontinuance Preview
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⚖️ Include Court Seal (Court Seal) | Court File No. [Court File Number] |
ONTARIO
[Court Name]
(Proceeding commenced at [Court Location])
Notice of Discontinuance
The plaintiff wholly discontinues this action
.
The plaintiff discontinues that part of this action relating to [Description of Discontinued Part]
.
| Date: [Date of Signature] | ||
TO:
NOTE: If there is a counterclaim, the defendant should consider rule 23.02, under which the counterclaim may be deemed to be discontinued.
NOTE: If there is a crossclaim or third party claim, the defendant should consider rule 23.03, under which the crossclaim or third party claim may be deemed to be dismissed.
Step-by-Step Guide to Filling Out Form 23A (Notice of Discontinuance)
⚖️ Include Court Seal
When to use this section: Activate this conditional block only if you are preparing an originating document or an order that mandates the registrar’s official seal. Since Form 23A Notice of Discontinuance is neither, you will typically leave this unchecked unless specifically directed.
Legal Rule: Rule 14.04 mandates the registrar’s seal on originating processes, not on a standard notice of discontinuance.
📝 Court File Number
What to enter: Enter the alphanumeric court file number assigned when the claim was originally issued. Do not alter the formatting.
Where to find this information: Found in the top-right corner of your issued Statement of Claim or on the JSO portal.
Example: CV-22-123456-0000
📝 Court Name
What to enter: Provide the precise, capitalized name of the court handling your proceeding.
Where to find this information: Matches the jurisdiction of your initial filing, usually Superior Court of Justice for most civil claims over $35,000.
Example: SUPERIOR COURT OF JUSTICE
⚖️ Include Court Location
When to use this section: Turn on this logic block to display the mandatory ‘Proceeding commenced at’ text. This is crucial for establishing the correct venue.
Legal Rule: Rule 4.02(1)(c) dictates that the venue location must be visibly declared in the general heading of all pleadings.
📝 Court Location
What to enter: Type the exact municipality where the court registry is situated.
Where to find this information: Check the original claim or notice of action to ensure consistency.
Example: Toronto
⚖️ Include Order Details
When to use this section: Use this block exclusively if generating a formal Court Order (Form 59). As you are drafting a Notice of Discontinuance (Form 23A), this block must be excluded.
Legal Rule: Rule 59.03 outlines strict formatting for orders, which does not apply to notices.
📝 Judge or Officer Name
What to enter: Insert the formal title and surname of the judicial officer granting an order. Leave blank for Form 23A.
Where to find this information: Refer to the handwritten endorsement or hearing record.
Example: THE HONOURABLE JUSTICE BROWN
📝 Order Date Text
What to enter: Provide the written-out date when an order was pronounced. Leave blank for Form 23A.
Where to find this information: Check the judge’s endorsement.
Example: FRIDAY, THE 10TH DAY OF OCTOBER, 2025
⚖️ Proceeding with no Defendant
When to use this section: Enable this block for non-adversarial proceedings (e.g., estates, specific applications) without defendants. Not typically used for a standard action discontinuance.
Legal Rule: Governed by Rule 4.02(2) and Form 4D layout rules.
📝 Matter Name
What to enter: The legal statute or estate description for the proceeding.
Where to find this information: Sourced from the relevant Act or the death certificate.
Example: IN THE ESTATE OF MARY SMITH, DECEASED
⚖️ Include standard ‘BETWEEN’ block
When to use this section: Select this standard block for typical adversarial lawsuits involving a Plaintiff and Defendant. This sets up the classic ‘BETWEEN’ styling needed for a Form 23A.
Legal Rule: Rule 4.02(1) requires this clear separation of adverse parties in the style of cause.
⚖️ List of Plaintiff(s) / Applicant(s)
When to use this section: Use this logic block to add every initiating party (plaintiff) to the document. Loop it for multiple plaintiffs.
Legal Rule: Rule 5.01 governs the joinder of multiple plaintiffs in one proceeding.
📝 Plaintiff/Applicant Full Name
What to enter: The exact legal name of the person or entity who initiated the claim (the party now discontinuing it).
Where to find this information: Refer to the initial Statement of Claim.
Example: JOHN A. MACDONALD
📝 Plaintiff(s) Role Status
What to enter: The legal status of the initiating party.
Where to find this information: Usually ‘Plaintiff’ in an action.
Example: Plaintiff
⚖️ List of Defendant(s) / Respondent(s)
When to use this section: Activate this block to list the responding parties. You must include all original defendants here, even if you are only discontinuing against one of them.
Legal Rule: Rule 5.02 requires listing all joined defendants accurately.
📝 Defendant/Respondent Full Name
What to enter: The exact legal name of the defending party.
Where to find this information: Copy verbatim from the Statement of Claim.
Example: XYZ LOGISTICS CORP.
📝 Defendant(s) Role Status
What to enter: The status of the defending party.
Where to find this information: Typically ‘Defendant’.
Example: Defendant
⚖️ Include Third Party Claim (AND BETWEEN)
When to use this section: Check this if the main action includes a Third Party Claim. It inserts the ‘AND BETWEEN’ section.
Legal Rule: Governed by Rule 29.01 and Form 29A formatting conventions.
⚖️ List of Third Party Plaintiff(s)
When to use this section: Lists the original defendants who issued the third-party claim.
Legal Rule: Rule 29.01 formatting ensures clear identification of adverse parties.
📝 Third Party Plaintiff Full Name
What to enter: The name of the defendant claiming against the third party.
Where to find this information: Copy from the third-party claim header.
Example: JANE DOE
📝 Third Party Plaintiff Role
What to enter: The dual role designation of the party.
Where to find this information: Standard convention dictates dual phrasing.
Example: Defendant and Third Party Plaintiff
⚖️ List of Third Party Defendant(s)
When to use this section: Lists the new entities dragged into the lawsuit via the third-party claim.
Legal Rule: Form 29A requirements demand distinct blocks for third parties.
📝 Third Party Defendant Full Name
What to enter: Name of the newly sued third party.
Where to find this information: Corporate profile or claim document.
Example: 987654 ONTARIO LTD.
📝 Third Party Defendant Role
What to enter: Status of the added party.
Where to find this information: Follows Form 29A.
Example: Third Party Defendant
⚖️ Wholly discontinue this action?
When to use this section: Activate this block if the plaintiff intends to abandon the entire lawsuit completely. This is the most common use of Form 23A. If you are only dropping specific claims but proceeding with others, leave this unchecked and use the partial discontinuance block instead.
Legal Rule: Governed by Rule 23.01(1) of the Ontario Rules of Civil Procedure regarding whole discontinuance of an action.
⚖️ Specify defendant? (Wholly)
When to use this section: Use this if you are wholly abandoning your action, but ONLY against a specific defendant (while continuing the whole action against remaining defendants).
Legal Rule: Rule 23.01 permits discontinuance against all or merely some of the defendants.
📝 Name of Defendant
What to enter: Enter the exact name of the specific defendant against whom the entire action is being dropped.
Where to find this information: Match the spelling exactly with the name in the ‘BETWEEN’ section of the General Heading.
Example: ACME CORPORATION INC.
⚖️ Partially discontinue this action?
When to use this section: Enable this if the plaintiff is dropping only a specific portion of their claim (e.g., dropping a claim for punitive damages, but keeping the claim for breach of contract). Do not check this if you are dropping the entire case.
Legal Rule: Rule 23.01(1)(b) allows for partial discontinuance of an action.
📝 Description of Discontinued Part
What to enter: Describe in clear, concise terms exactly which part of the action or which specific claim is being discontinued.
Where to find this information: Review your Statement of Claim paragraphs to accurately reference the abandoned portions.
Example: the claim for aggravated damages outlined in paragraph 14(b) of the Statement of Claim
⚖️ Specify defendant? (Partially)
When to use this section: Activate this if the partial discontinuance only applies to one specific defendant among multiple.
Legal Rule: Permitted under the general scope of Rule 23 to narrow the issues against specific parties.
📝 Name of Defendant
What to enter: Enter the specific defendant’s name to whom this partial discontinuance applies.
Where to find this information: From the style of cause in your pleadings.
Example: JANE SMITH
📝 Date of Signature
What to enter: Select the date the Notice of Discontinuance is being formally signed and dated by the plaintiff or their legal counsel.
Where to find this information: This is the current date of execution.
Example: November 12, 2025
📝 Signatory Name
What to enter: Enter the full legal name of the lawyer representing the plaintiff, or the plaintiff’s own name if they are self-represented.
Where to find this information: The lawyer’s professional record or the individual’s ID.
Example: ROBERT J. BARRISTER
📝 Signatory Title
What to enter: Specify the professional title or capacity of the person signing the document.
Where to find this information: Standard legal drafting conventions dictate identifying the signatory’s capacity.
Example: Lawyer for the Plaintiff
📝 Law Firm Name
What to enter: Enter the name of the law firm representing the plaintiff. Leave this blank if the plaintiff is acting as a self-represented litigant.
Where to find this information: Your firm’s official letterhead.
Example: BARRISTER & SOLICITOR LLP
📝 Signatory Street Address
What to enter: The street address where the signatory’s law office (or residence, if self-represented) is located. Used for serving return documents.
Where to find this information: Firm letterhead or Law Society directory.
Example: 123 Bay Street, Suite 400
📝 Signatory City, Prov, Postal Code
What to enter: The city, province, and postal code of the signatory.
Where to find this information: Firm letterhead.
Example: Toronto, ON M5H 2R2
⚖️ Include Signatory Phone?
When to use this section: Check this box to include the telephone number of the signing lawyer or party. It is highly recommended to ensure the court and opposing counsel can contact you.
Legal Rule: Rule 4.02(3) dictates that the address and phone number of the lawyer or self-represented party must appear on documents.
📝 Signatory Phone Number
What to enter: The direct phone number or main office line of the signatory.
Where to find this information: Firm contact directory.
Example: 416-555-1234
⚖️ Include Signatory Email?
When to use this section: Enable this block to include an email address. Since e-filing and electronic service are standard in Ontario, including a dedicated email address is virtually mandatory.
Legal Rule: Rule 4.02(3)(e) requires the email address of the lawyer or party.
📝 Signatory Email
What to enter: The primary professional email address used for receiving court documents and opposing counsel correspondence.
Where to find this information: Your Law Society registered email.
Example: [email protected]
⚖️ Include Signatory Fax?
When to use this section: Activate this block if you maintain a fax machine and accept service or correspondence via fax. Otherwise, leave it out.
Legal Rule: Rule 4.02(3) permits but no longer strictly requires fax numbers if an email is provided.
📝 Signatory Fax Number
What to enter: The dedicated fax number for the signatory.
Where to find this information: Firm letterhead.
Example: 416-555-9876
⚖️ List of ‘TO’ Parties/Solicitors
When to use this section: This is a critical repeater block. You must activate and loop this block for EVERY other party in the action who needs to receive this Notice. This populates the ‘TO:’ list at the bottom of the form.
Legal Rule: Rule 23.01 mandates that the Notice of Discontinuance must be served on all other parties to the action.
📝 Defendant’s Lawyer or Defendant Name
What to enter: Enter the name of the opposing lawyer and the party they represent, or the name of the self-represented defendant.
Where to find this information: Check the ‘Backsheet’ or signature block of the opposing party’s Statement of Defence.
Example: SMITH LEGAL PC, Lawyers for the Defendant
📝 Street Address
What to enter: The street address of the party or lawyer receiving the notice.
Where to find this information: The address for service listed on their last filed pleading.
Example: 456 King Street West, Suite 100
📝 City, Prov, Postal Code
What to enter: The city, province, and postal code of the receiving party.
Where to find this information: Opposing party’s address for service.
Example: Toronto, ON M5V 1M3
Supporting Documents & Filing Procedures
Required Documents
- Form 23A Notice of Discontinuance: The primary prescribed document that officially registers your intent to abandon the claim against the defendant.
- Affidavit of Service (Form 16B): Essential for proving to the court that the discontinued parties (and all active parties) were formally notified.
- Consent of Defendant (if applicable): Required if you are filing this after the close of pleadings, proving the defendant agrees to the discontinuance without a formal motion.
Deadlines & Service
- Timeline: You may file Form 23A without leave at any time before the close of pleadings. After that point, consent or a judge’s order is strictly required to proceed.
- Service Rules: You must serve the Notice on all active parties to the litigation, even if you are only discontinuing against one specific defendant. Email service is permitted and encouraged under the updated civil rules.
Filing & Fees
- Where to file: Electronically via the Justice Services Online (JSO) portal or in-person at the appropriate Superior Court registry where the action commenced.
- Gov Fee: $0 CAD. There is no court filing fee, but severe cost consequences under Rule 23.04 may apply payable to the opposing party.
Common Pitfalls & Rejections
- Improper Formatting or Missing Signatures: The court registrar will reject documents if the General Heading does not perfectly match the original Statement of Claim. Ensure all party names are styled correctly and a clear wet or digital signature is applied at the bottom.
- Incorrect Service Execution: Failing to serve third parties or crossclaiming defendants is a major error. Even if a party isn’t directly involved in your specific discontinuance, they must be notified of changes to the proceeding’s structure. Failure to do so renders the discontinuance defective.
E-Filing Technical Rules
- Accepted File Formats & OCR: The document must be saved as a text-searchable PDF (OCR). Max file size is 50 MB on JSO. Use standard File Naming Conventions (e.g., Notice of Discontinuance – Plaintiff Name – DD-MMM-YYYY.pdf) to ensure the portal automatically accepts the upload.
- Electronic Signatures vs. Wet Ink: An electronic signature (e.g., /s/ John Doe) is generally accepted for the Notice itself. However, any supporting Affidavits of Service must be properly commissioned, often via Virtual Commissioning, requiring a clear digital record of the oath.
Next Steps & Special Scenarios
- Registry Review Process: After filing on JSO, the status will show as “Pending”. Once reviewed by a clerk, the court updates the docket. Crucially, the defendant has 30 days to act on any counterclaim (Rule 23.02); otherwise, it is deemed discontinued. Prepare for the defendant to serve a Bill of Costs if a cost settlement wasn’t reached beforehand.
- Out-of-Jurisdiction Service: If the opposing party is out of the province, ensure service complies with the Hague Convention or standard out-of-province rules. Proper courier tracking or process server affidavits are mandatory to prove service across borders before the court fully recognizes the discontinuance.
Frequently Asked Questions (FAQ)
What is Form 23A Notice of Discontinuance used for?
Form 23A is the official prescribed form under the Ontario Rules of Civil Procedure used by a plaintiff to formally withdraw or abandon a lawsuit (or specific parts of a lawsuit) against one or more defendants.
Do I need the court’s permission to file Form 23A?
You do not need the court’s permission if you file the Notice of Discontinuance before the close of pleadings. If pleadings have closed, you can only file it with the formal written consent of all parties or by obtaining a court order (leave of the court).
What happens to costs if I discontinue the action?
Under Rule 23.04, discontinuing a claim generally means you are automatically deemed liable to pay the defendant’s costs of the action up to the date they were served with the Notice, unless the court orders otherwise or you have a written agreement with the defendant stating costs will not be sought.
How does a discontinuance affect an existing counterclaim?
Under Rule 23.02, if you discontinue your main action, any counterclaim filed by the defendant may also be deemed discontinued unless the defendant delivers a notice of election to proceed with their counterclaim within 30 days of being served with your Form 23A.
Can I discontinue the lawsuit against only one specific defendant?
Yes, Form 23A allows for partial discontinuance. You can specify that you are only dropping the claim against one particular defendant while continuing the active litigation against others.
Is there a government fee to file Form 23A?
No, there is currently no government filing fee to submit a Notice of Discontinuance to the Superior Court of Justice. However, you must carefully consider the potential cost consequences owed to the opposing party before filing.
How can I complete this Form 23A Notice of Discontinuance faster and avoid formatting errors?
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