What is required for a party to withdraw from a claim after a settlement conference?

For a party to withdraw from a claim following a settlement conference in Ontario, it is essential to obtain either written consent from the opposing party or permission from the court. This requirement ensures that all parties involved have a fair opportunity to assess the implications of the withdrawal and to maintain the integrity of the judicial process.

Withdrawals from claims can significantly impact the resolution of disputes, especially after a settlement conference, where the parties typically engage in discussions aimed at reaching a resolution. By requiring written consent or court permission, the law guards against unilateral decisions that could frustrate the interests of the other party or disrupt the legal proceedings.

This protocol is in place to promote fairness and proper judicial administration, thus allowing the court to evaluate the reasons behind the withdrawal and its potential consequences. Consequently, any other options such as simply needing an agreement from all parties or having no requirements at all do not adequately address the legal standards that govern the withdrawal process.