What must a party do when discontinuing a case?

When a party decides to discontinue a case, it typically means they are choosing to end the legal proceedings without a resolution or judgment being rendered. In many jurisdictions, including that of New Brunswick, the party that discontinues the case may be required to bear the other party's litigation costs. This rule serves as a mechanism to prevent undue burden on the opposing party who may have invested time and resources in preparing for the trial. By imposing this requirement, the legal system encourages parties to consider their decisions carefully and to avoid launching or continuing cases without a genuine intention to pursue a resolution.

In some instances, the specific rules regarding costs and discontinuation may vary based on court regulations or agreements between parties, but generally, the principle remains that the discontinuing party may be responsible for covering the opposing party’s legal expenses incurred as a result of the discontinued action.