What factors are relevant when seeking to withdraw an application?
Ontario, Canada
The following excerpt is from Children’s Aid Society of the Districts of Sudbury and Manitoulin v. C.R., 2021 ONCJ 41 (CanLII):
[35] In Children's Aid Society of Algoma v. A.S., [2011] O.J. No. 5612, 2011 ONCJ 393, I added several other factors that might be relevant. • what is the real battle in the case about and what are the possible outcomes • at what stage is the litigation, what are the timelines expectations and what demands on judicial resources; • if the withdrawal is opposed, what is the reason for the opposition and what is the evidence to support the reason; and • is there an alternative venue for resolving the issues.
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