Form 11.3A – Notice of Discontinued Claim

Jurisdiction: Country: Canada | Province/State: Ontario

What is a Form 11.3A – Notice of Discontinued Claim?

Form 11.3A – Notice of Discontinued Claim is the Small Claims Court document you use to end all or part of your lawsuit. You file it when you choose to stop your claim against all defendants, some defendants, or specific parts of what you asked for. It is a formal notice to the court and to the other parties that you are no longer pursuing the claim (or a portion of it).

This form belongs to the Ontario Superior Court of Justice – Small Claims Court. It works within the Small Claims Court Rules, which allow a plaintiff to discontinue a claim without a court hearing in most circumstances. The form is short, but its effect is significant: once filed and served, it closes your claim to the extent stated in the notice.

Who typically uses this form?

Plaintiffs use it. You might be a self-represented individual, a landlord, a tenant, a contractor, a tradesperson, a professional, or a small business. Paralegals and lawyers also file it on behalf of clients. If you are a co-plaintiff in a case, you can discontinue your part of the claim while other plaintiffs continue, but you must complete and serve the form properly.

Why would you need this form?

Most often, because your dispute has been resolved, or you have decided not to continue. If the defendant has paid you in full, you may discontinue closing the file. If you settled and the settlement terms do not require a court order, you may discontinue. You might also discontinue to avoid costs and time if your claim is weak, your evidence has changed, or you prefer another forum. Sometimes you discover a jurisdiction or venue issue. You may decide to refile in a different court level or different location, subject to limitation periods.

Typical usage scenarios include settlement after negotiation, payment plans completed, business decisions to stop pursuing small amounts, discontinuing only certain remedies (for example, dropping a claim for punitive damages), discontinuing against a defendant you misnamed, or discontinuing after realizing you sued the wrong party. If there is a defendant’s claim (the defendant suing you back), that claim continues even if you discontinue your claim. The Notice of Discontinued Claim only affects your claim as the plaintiff.

The form also helps you manage risk. If a hearing is approaching and you know you cannot proceed, discontinuing early can reduce the other side’s wasted preparation. That can limit potential cost awards against you. The form is precise, so you can end your entire claim or narrow the scope. Used correctly, it brings clarity and finality to the part of the case you are ending.

When Would You Use a Form 11.3A – Notice of Discontinued Claim?

You use this form when you decide you will not continue your Small Claims Court lawsuit in whole or in part. The timing varies, but the earlier you act, the cleaner the process. For many plaintiffs, the trigger is settlement. You reached an agreement. The defendant paid or promised to pay. You no longer need a court judgment. You file the notice to close the claim so everyone can move on.

Another common moment is after reviewing your evidence. Perhaps a key witness is unavailable, or a document you needed does not exist. You weigh the costs and decide not to continue. Discontinuance is the simple way to step back without a court hearing. You can also discontinue if the claim now belongs in a different forum. For example, you started in Small Claims Court but realized the real dispute or remedy belongs elsewhere. You can discontinue and then consider a new proceeding, while watching the limitation period.

Business owners often use the form when a customer pays late but pays. You sued to prompt payment. It worked. You discontinue once you receive the funds. Landlords and tenants use it when a tenancy dispute resolves through payment or move-out. Contractors and homeowners use it when a repair dispute settles after an inspection. Professionals use it when invoices are paid or when a client relationship ends on new terms.

You might also use it to clean up the parties. If you named two defendants but later confirm only one is legally responsible, you can discontinue against the other. This avoids unnecessary steps and potential costs against the wrong party. You can also discontinue only certain parts of your claim. If you asked for the price of goods sold and also punitive damages, and you now want only the price, you can discontinue the punitive portion. The case becomes simpler and faster.

Sometimes timing pressures drive the choice. If a settlement arrives days before trial, filing a discontinuance informs the court and avoids wasting time and resources. If you are unsure whether the settlement will be fulfilled, you can wait until funds clear before filing, but you should keep the court informed if a trial is imminent. Clear communication reduces the risk of cost consequences.

If you are a co-plaintiff and your interests are now separate, you can discontinue your individual claim. The others can continue their claims. You should coordinate to avoid confusion about evidence and scheduling. When there is a defendant’s claim, discontinuing your claim does not stop the defendant from pursuing their claim against you. You should consider that risk before filing.

Legal Characteristics of the Form 11.3A – Notice of Discontinued Claim

The Notice of Discontinued Claim is legally effective because the Small Claims Court Rules allow a plaintiff to end their claim by serving and filing a written notice. You do not usually need a judge to sign anything. The form is unilateral. You sign it, serve it, and file it. Once processed, the court record reflects that your claim is discontinued to the extent you stated. The clerk will update the file and, where relevant, remove upcoming events tied to your discontinued claim.

Is it legally binding?

Yes. It binds you as the plaintiff. It ends your claim or the specified parts of it. You cannot continue to seek judgment on what you have discontinued. Discontinuance is not the same as a court dismissal on the merits. It does not decide who was right or wrong. It simply stops your claim. In most cases, a discontinuance is “without prejudice.” That means you may start a new claim for the same matter later, subject to limitation periods and the court’s procedural rules. However, if you misuse the process, the court can address abuse of process. Starting and stopping repeatedly can invite cost consequences or other orders.

What ensures enforceability is correct service and filing. You must serve every party affected and file proof of service with the court. If you discontinue against all defendants, serve all defendants. If you discontinue against only some, serve those defendants and any other parties who need to know, such as co-plaintiffs. Once served and filed, the notice takes effect. If a hearing is imminent, the court may still hear issues like costs, especially if the other side prepared for trial and incurred expenses.

Costs are a key legal consideration. If you discontinue after the defendant delivers a defence, the court can order you to pay their costs up to the date of discontinuance. The amount depends on what is fair in the circumstances. In Small Claims Court, cost awards are constrained, but they can still be meaningful. If you discontinue early, or on consent with no costs, you may avoid a cost award. If you discontinue close to trial or after the other side spent significant time and money, costs may be higher. You can reduce risk by seeking the defendant’s written consent to discontinue “on a without costs basis” and filing that consent with your notice.

If a defendant has filed a defendant’s claim, your discontinuance does not end it. The defendant’s claim proceeds as a separate claim against you. You will need to defend it or resolve it. If there is a party under a legal disability, such as a minor or a person who lacks capacity, discontinuance may require the court’s approval or special steps. If you are a litigation guardian, do not file a discontinuance without confirming you have the authority to do so.

Another legal consideration is limitation periods. Discontinuing does not reset or extend limitation periods. If you discontinue and later decide to sue again, you might be out of time. Before you discontinue, consider whether you will ever want to refile and whether the law will still allow it. Also consider enforcement and settlement terms. If you settled, confirm that you received what was promised or that the settlement has enforceable terms before you discontinue. Once discontinued, you cannot seek judgment on the same claim in the same proceeding.

Finally, consider scope and clarity. If you are doing a partial discontinuance, be exact about what you are ending. Vague wording can create disputes about what remains. Use clear descriptions if you are arguing against one defendant only; name that person precisely as they appear in the court file. The court relies on the notice you file to update the record.

How to Fill Out a Form 11.3A – Notice of Discontinued Claim

Follow these steps to complete and file the form correctly. Keep your sentences clear and your information exact. Use the same names and file details as your existing case.

1) Get your file details ready

• Find your court file number on your Plaintiff’s Claim or the most recent court document. Copy it exactly.
• Confirm the court location (the courthouse where the case was filed). Use the exact name and address that appear on your existing documents.
• Gather the full legal names of all parties as they appear on the court record. Include any operating names.

2) Complete the court heading

• At the top, write “Ontario Superior Court of Justice – Small Claims Court.”
• Enter the court address of the courthouse handling your case.
• Enter your court file number in the space for “Court File No.”
• List the parties in the same order as in your claim. Put your name(s) as Plaintiff(s). Put the defendant name(s) as Defendant(s). Use the exact spelling and formatting from your claim.

3) Identify the scope of your discontinuance

• Decide whether you are discontinuing the entire claim, only against specific defendants, or only part of the relief you claimed.
• If discontinuing the entire claim, state: “The Plaintiff discontinues the claim in its entirety against all Defendants.”
• If discontinuing against certain defendants, name each one precisely. State: “The Plaintiff discontinues the claim against [full name(s) only]. The claim continues against the remaining Defendant(s).”
• If discontinuing only part of your claim, describe the part you are ending. For example: “The Plaintiff discontinues the claim for punitive damages and the claim for interest prior to [date]. The balance of the claim continues.” Be specific so the clerk and the parties know what remains.

4) Provide reasons only if helpful (not required)

• The form does not require you to give reasons. You can leave out reasons. The notice remains valid without an explanation.
• If you settled and both sides want a clear record, you can add: “This discontinuance is filed following settlement.” Avoid revealing settlement terms in the notice.

5) Address costs

• If you and the defendant agreed to discontinue on a “no costs” basis, attach the written consent signed by the defendant or the defendant’s representative.
• If there is no consent, leave costs out of the notice. The other side may still ask the court for costs. Be prepared to address costs later if requested.
• If you agree to pay costs as part of a settlement, do not write those terms in the notice. Keep settlement terms in a separate agreement.

6) Sign and date the notice

• Sign the form. Print your name below your signature.
• If you are represented, your representative signs and prints their name, role, and contact details.
• If the plaintiff is a corporation, an authorized officer or agent can sign. Include the signing person’s title (for example, Director, Agent).
• Date the notice. The date should be the day you sign it.

7) Include your contact information

• Provide your mailing address, email address, and phone number. Use the same contact details you have used in the case, unless you updated them formally.
• If you are represented, list the representative’s contact information.

8) Prepare any schedules or attachments (if needed)

• If you are doing a partial discontinuance and need more space, attach a short schedule. Title it “Schedule A – Partial Discontinuance Details.”
• In the schedule, describe exactly which claims or amounts you are discontinuing. For example, “The Plaintiff discontinues the claim for storage fees in the amount of $1,250 and the claim for interest before January 1, 2024.”
• Reference the schedule in the main form. For example, “See Schedule A for details.”

9) Serve the notice on all required parties

• Serve every defendant you are discontinuing against. If you are discontinuing the entire claim, serve all defendants.
• If you are one of several plaintiffs and are discontinuing only your part, serve the other plaintiffs as well, so the record is clear.
• Use an accepted method of service. Options include personal service, mail, courier, or email if permitted. Choose a method that allows you to prove service.
• Keep proof of delivery. You will need an affidavit of service.

10) File the notice with the court

• File the signed notice with the same court office where your case is filed.
• File your proof of service at the same time. Use the court’s affidavit of service form. Attach delivery receipts if you used mail, courier, or email.
• If a hearing is scheduled soon, notify the court office when you file. Ask that the hearing related to your discontinued claim be vacated.

11) Confirm the court’s update

• After filing, check that the court has recorded the discontinuance. You can ask the court office to confirm the status.
• If you discontinued only against some defendants or only part of the claim, ensure the docket reflects that limited scope. Accuracy here avoids confusion later.

12) Manage related claims and issues

• If the defendant filed a defendant’s claim, plan your response. Your discontinuance does not end that claim.
• If you need a formal dismissal instead of a discontinuance, consider whether you should file terms of settlement and seek a consent dismissal. A dismissal can provide added finality. Use this only if it matches your settlement terms.
• If there is a party under a legal disability, seek direction before discontinuing. You may need the court’s approval.

13) Keep records

• Save a full copy of the signed notice, the affidavit of service, and any consent or schedule. Keep email confirmations and courier receipts.
• If your discontinuance followed settlement, keep the settlement agreement in a secure file separate from the court record.

Practical example: You sued two defendants, ABC Plumbing Ltd. and John Smith, for $8,000. You later confirm ABC Plumbing was not involved. You decide to continue only against John Smith. In the notice, you name both defendants in the heading. In the body, you state you discontinue the claim against ABC Plumbing Ltd. only. You serve both defendants. You file the notice and proof of service. The court updates the file. Your case continues against John Smith alone.

Another example: You sued for $10,000 and claimed interest and punitive damages. You reach a settlement to accept $8,500. The defendant pays. You file a notice discontinuing the entire claim. You attach the defendant’s written consent to discontinue with no costs. You serve and file. The court marks the claim discontinued. The matter ends.

Final tips: Be precise and prompt. The form is short, but its impact is big. Avoid vague language about what you are discontinuing. If you plan to refile later, review limitation risks before you discontinue. If costs concern you, try to obtain the other side’s consent to a discontinuance with no costs and file that consent with your notice. If any doubt remains about parties, capacity, or related claims, pause and confirm your plan before you sign and file.

Legal Terms You Might Encounter

• Plaintiff means the person or business who started the case. You are the plaintiff if you filed the claim and now want to stop it.
• Defendant means the person or business you sued. You can stop your claim against one defendant, some defendants, or all defendants.
• Court file number is the unique number for your case. You must put it on the form so the court links your notice to the right file.
• Discontinued claim means you are stopping your claim. It ends your claim for the parties named in your notice once filed and served.
• Partial discontinuance means you are stopping only part of your claim. You might drop one remedy or one defendant, but keep the rest.
• Consent means the other side agrees to you stopping the claim. Consent can help resolve costs and avoid extra steps.
• Costs mean money for expenses like filing fees and time. A defendant may ask for costs when you discontinue. You can deal with costs by consent or by a court request.
• Service means you deliver the form to every party you are stopping the claim against. Service must follow the court’s rules. Keep proof you served it.
• Affidavit of service is a sworn statement that shows how and when you served the form. You file it if the service needs to be proven to the court.
• Counterclaim means the defendant sued you back in the same case. Your discontinuance does not stop a counterclaim. The counterclaim continues unless the defendant decides to stop it.
• Without prejudice means you are not admitting fault and can still discuss a settlement. Your notice itself ends your claim, but communications can remain without prejudice.
• With prejudice means the matter is treated as finally ended. Your notice stops your claim either way, but some parties label resolutions this way in a consent about costs or terms.

FAQs

Do you need the defendant’s permission to discontinue?

You do not need permission to file the notice in most situations. But costs may still be an issue. If the defendant consents, you can settle costs in writing at the same time. If a hearing or trial is close, speak with the court about any scheduling impacts.

Do you have to discontinue against every defendant?

No. You can discontinue against one, some, or all defendants. Use clear names so the court knows exactly which defendants you are discontinuing against. Serve each affected defendant and keep proof.

Can you discontinue only part of your claim?

Yes. You can narrow your claim to certain amounts or remedies. Make your partial discontinuance clear on the form. Use plain words to state what you are dropping. The remaining claim continues.

What happens to a counterclaim after you discontinue?

Your discontinuance does not cancel a counterclaim. The counterclaim is the defendant’s separate claim and can proceed. You must still respond to it and attend scheduled events unless it is withdrawn.

Will you have to pay costs if you discontinue?

You might. Costs depend on timing, steps taken, and any agreement. Many parties settle costs in a consent. If you cannot agree, a party can ask the court to decide costs. Discontinuance does not erase a costs request already before the court.

Can you refile later after you discontinue?

You can start a new case unless an order or agreement bars it. Limitation periods still apply. Discontinuing does not stop the clock. If time is tight, consider that before you discontinue.

Do you need to attend a scheduled hearing after you file the notice?

If you discontinued the entire claim, contact the court to confirm that the event can be vacated. If you discontinued only part, the remaining issues may still go ahead. Let the court and parties know what changed.

What if you made a mistake on the form after filing?

Fix it fast. If the mistake is minor, file a corrected notice and serve it. If the error affects rights or costs, seek the other side’s written consent on the fix. If there is a dispute, a motion may be required.

Checklist: Before, During, and After the Form 11.3A – Notice of Discontinued Claim

Before signing

• Identify exactly what you will discontinue:
• Entire claim, or only certain defendants.
• Entire claim, or only certain amounts or remedies.
• Confirm the current status of the case:
• Any defence, counterclaim, or third-party claim filed.
• Any scheduled settlement conference, trial, or motion.
• Gather case details:
• Correct court location and address used for your claim.
• Court file number and style of cause (names of parties).
• Clarify costs:
• Discuss costs with the defendant if possible.
• Prepare a short consent on costs if you reach an agreement.
• Plan service:
• Decide how you will serve each defendant.
• Have current addresses or emails for service-ready parties.
• Line up an affidavit of service, if needed.
• Consider timing:
• Check any upcoming events and deadlines you could avoid by filing now.
• Consider limitation periods if you may refile later.
• Prepare your file:
• Your original claim and any amended claim.
• Any prior consents or court orders affecting discontinuance.
• Proof of payment or settlement terms, if relevant.

During signing

• Verify the court file number is exact.
• Confirm names match your claim, including spelling and legal entities.
• State clearly who you are discontinuing against.
• If partial, describe what part of the claim you are dropping in plain words.
• Confirm your contact information is current and consistent with the court file.
• Check the signature block:
• Sign and date the notice.
• If an authorized representative signs, include their title.
• Attach any consent on costs or terms, if you reached one.
• Review for clarity:
• No contradictions within the form.
• No missing pages or attachments.
• Make copies:
• One for filing, one for each party served, and one for your records.

After signing

• File the notice with the same court where the claim sits.
• Serve every defendant you are discontinuing against.
• File proof of service if the court or rules require it.
• Notify the court about any scheduled event that should be vacated.
• Confirm receipt with the other side, especially if events are soon.
• Address costs:
• File the consent, if any.
• Calendar any costs, timetable if costs remain in dispute.
• Update your case file:
• Keep a copy of the filed notice and stamped pages.
• Keep courier or email confirmations and affidavits of service.
• Monitor the docket:
• Ensure the court records now show the discontinued parties or claims.
• Follow up if the online entry or register does not update promptly.

Common Mistakes to Avoid Form 11.3A – Notice of Discontinued Claim

• Don’t forget to name the right defendants.

Consequence: The wrong party remains in the case. You may face unnecessary steps and costs to correct it.

• Don’t use vague language for partial discontinuance.

Consequence: Confusion about what remains. The court or parties may dispute the scope, causing delays and costs.

• Don’t assume discontinuance ends a counterclaim.

Consequence: You miss deadlines on the counterclaim. Judgment could issue against you on the counterclaim.

• Don’t skip service on any affected party.

Consequence: The discontinuance may not take effect for that party. You risk wasted appearances and cost awards.

• Don’t ignore costs.

Consequence: The defendant may seek costs after you discontinue. You could face a hearing and added expense.

What to Do After Filling Out the Form 11.3A – Notice of Discontinued Claim

File the form with the same courthouse that holds your file. Use the exact file number and parties. Ask the clerk how to note any partial discontinuance on the record. File any written consent on costs or terms at the same time.

Serve each defendant you are discontinuing against. Use a permitted method of service. Deliver a complete copy of the filed notice and any attachments. Keep proof of service for each party. Prepare and file an affidavit of service if needed.

Confirm what remains in the case. If you discontinued the entire claim, ask the court to remove upcoming events for the claim. If you discontinued only some parts or against some defendants, confirm which events still proceed and for whom.

Address costs promptly. If you agreed on costs, file the consent so the court can note it. If costs are still open, ask the other side for their position in writing. Calendar any next steps so you do not miss a cost-related deadline.

Update all scheduling. If a settlement conference or trial is set, write to the clerk and the parties. Explain what changed and what you ask the court to do with the date. Provide a copy of the filed notice.

Close out any related enforcement. If you discontinued after payment, confirm that no enforcement requests remain. If a writ or garnishment was prepared but not used, take steps to avoid misuse.

Fix errors quickly. If you notice a mistake, prepare a corrected notice. Serve it to everyone affected. Explain the correction in a short cover note. If there is disagreement, ask the court for directions.

Organize your records. Keep:

• A copy of the filed notice with the court stamp.
• All proofs of service and delivery confirmations.
• Any written consents or cost agreements.
• Emails or letters to the court about scheduling.

Plan your next move if you may refile. Review timing before you start a new claim. Gather the evidence you will need. If terms of settlement restrict refilling, follow those terms. If the issue is resolved, note the file as closed in your records.

Stay alert for any remaining claims. A counterclaim, third-party claim, or crossclaim can continue. Track their deadlines. Respond and attend as required. Confirm with the court that the docket matches your understanding.

Coordinate communications. Let witnesses or experts know if they are no longer needed. Cancel bookings you no longer require. Avoid cancellation fees where possible by acting quickly.

If you receive documents after discontinuing, read them. Files do not always update everywhere at once. If a party serves you by mistake, reply with a copy of the filed notice. Ask them to update their records.

If costs are ordered, pay on time. Ask for a cost receipt once paid. Keep the receipt with this file. Late payment can lead to further steps against you.

If you discontinued because of the settlement, check all terms. Make sure you have completed any promises, such as payment or an agreed letter. Keep proof that you performed every term.

If you discontinued only against one defendant, watch the contribution or indemnity issues. Other defendants may still seek relief among themselves. Your discontinuance does not block claims between defendants.