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Court Procedures Rules
1167Discontinuance or withdrawal—subsequent proceeding
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1167 Discontinuance or withdrawal—subsequent proceeding (1) A discontinuance or withdrawal under this division is not a defence to another proceeding on the same or substantially the same ground. (2) Subrule (1) is subject to the conditions of any agreement to the discontinuance or withdrawal or any leave to discontinue or withdraw.
Rule 1168 (3) A party who is served with another party’s notice of withdrawal may continue with the proceeding as if the other party’s notice of intention to respond or defence had not been filed.