Withdrawing, combining or splitting cases

What is it for?

Rule 12 lets a party stop pursuing all or part of an Application, Answer or Reply. It also lets the court, on motion, combine related cases, claims or issues, or split them where more convenient. A separate branch covers splitting a divorce claim from the remaining issues.

What it can and cannot do

A partial withdrawal leaves other claims in place. A notice of withdrawal does not itself rewrite the claims you continue to pursue or decide the remaining issues. Combining or splitting is not automatic: it requires a motion and a court order. A request to hear parenting issues for different children separately, for example, depends on whether separate treatment makes practical sense in the actual case.

Which route do you need?

• Change a pleading while still pursuing a claim: see Changing an Application or Answer (Rule 11).
• Stop pursuing all or part of a pleading: Rule 12(1), using Form 12, with the costs consequence in Rule 12(3).
• Combine related matters or split an issue: ask the court on motion under Rule 12(5).
• Separate the divorce claim: ask the court on motion under Rule 12(6).
• Change a final order after the case: see Rule 15, Motion to Change.

Forms and what to put in them

For withdrawal, use Form 12 — Notice of Withdrawal. Identify the existing case and precisely which Application, Answer, Reply, claim or part you are withdrawing. Say clearly what remains if the withdrawal is partial. Serve every other party, then file the notice. Use Form 6B — Affidavit of Service to record when and how it was served.

For a Rule 12(5) or (6) request, use the applicable motion procedure (Rule 14), ordinarily Form 14 Notice of Motion and Form 14A Affidavit, with a proposed order. Specify exactly what should be heard together or apart, and explain with facts why that is more convenient. For severing a divorce, address prejudice to either spouse and reasonable arrangements for the children’s support. Check any case-specific order and local scheduling procedure before choosing a motion date.

How to withdraw all or part of a claim

1. List what you will stop pursuing.Compare the filed pleading with the orders you still seek. Be specific about a partial withdrawal; do not treat a changed parenting proposal as necessarily abandoning a claim.
2. Consider costs before serving.Rule 12(3) says the withdrawing party shall pay every other party’s costs relating to the withdrawn pleading or part, up to withdrawal, unless the court orders or the parties agree otherwise. If you reach an agreement about costs, record its exact terms.
3. Complete and serve Form 12.Identify the withdrawn pleading or part and serve the notice on every other party under Rule 6. Keep a copy and complete Form 6B proof of service.
4. File and retain acceptance.Submit the notice and proof through the applicable Ottawa filing route. Keep the court’s acceptance and Case Document List. Tell the scheduling office promptly if a hearing that addressed only the withdrawn claim is already booked; a notice alone should not be assumed to cancel a listed event.

Costs warning: Withdrawing a claim can make you responsible for the other parties’ costs connected to that withdrawn claim through the withdrawal date. Rule 12(3) allows a different result by court order or agreement. Do not assume withdrawal is cost-free.

How to ask to combine or split issues

1. Define the proposed order.Identify the cases, claims or issues to be combined or split, what stays on the existing path, and the proposed hearing sequence.
2. Explain why it is more convenient.Address overlap in parties, children, facts and evidence, likely duplication, fairness, and the practical effect on the timetable. Splitting sibling-related parenting issues is possible to request, but the court decides whether it is useful in that case.
3. Arrange and bring a motion.Follow Rule 14 and Ottawa’s scheduling route. Serve and file motion materials and proof of service within the applicable deadlines; if a conference has not yet been held, check the restriction on substantive motions before a case conference and any exception or permission route.
4. Confirm and attend.File Form 14C confirmation by the applicable deadline, attend the hearing, and follow the order if the court grants or adjusts the request. Form 12 is not the form for a splitting order.

Splitting the divorce claim

Rule 12(6) lets the court, on motion, separate a divorce from the unresolved issues if neither spouse will be disadvantaged and reasonable arrangements have been made for the support of the children of the marriage. Explain both conditions with evidence and identify how the remaining parenting, support or property issues will continue. The divorce is not automatically granted merely because the claims are separated. This is the divorce-claim route mentioned in the Rule 16 guide.

Timeline: service, filing and court date

1. Withdrawal: Rule 12(1) has no fixed number of days before a hearing for Form 12. Serve every other party and file it; costs under Rule 12(3) run to the date of withdrawal. An existing order or scheduled hearing can make prompt action important.
2. Ordinary motion to combine or split: Rule 14 generally requires the moving party’s motion materials at least 6 days before the motion and responding materials at least 4 days before. Check the motion route and any order that changes the timetable.
3. Confirmation: In the East Region, file and upload Form 14C by 2 p.m. three business days before a family motion. Ottawa motions lasting 90 minutes or less for all parties are regular motions; longer motions need the applicable scheduling/triage route.
4. After the hearing: Read the endorsement or order for any directions about separate records, the next event, and which claims remain. Rule 3 explains how to count days.

Hot points to remember

• All or part: Rule 12(1) permits a partial withdrawal. Identify the exact part so the remaining case stays clear.
• Costs are central: Rule 12(3) covers the other parties’ costs relating to the withdrawn part, unless the court orders or the parties agree otherwise. It does not set a dollar amount in the notice.
• Other situations: A child party or special party needs court permission to withdraw, with the notice required by Rule 12(2). Rule 12(4) gives the court discretion over costs where the withdrawing party is a government agency.
• Do not confuse routes: Rule 11 changes a pleading; Rule 12 withdraws a claim or seeks a procedural split; Rule 15 changes a final order.

Page and evidence limits

Rule 12 does not set a general page limit for Form 12. A motion under Rule 12(5) or (6) uses the separate Rule 14 motion requirements and the current provincial and East Region directions: the usual affidavit narrative limit is 12 pages for a regular motion or 20 for a long motion, with restrictions on exhibits. An East Region factum required for a motion of one hour or more is a separate document, capped at 20 pages without leave. Check the motion guide before assembling evidence.

Ottawa filing and sources

Use Family Submissions Online for filing. Self-represented parties may also file in person or by email under the provincial direction; email filing is limited in the circumstances it lists. A Case Center upload is not filing. Retain the registrar’s acceptance confirmation. For a motion date and confirmation, check the East Region direction and Ottawa’s current scheduling notice.

This guide describes the usual Ontario family procedure with an Ottawa Superior Court focus. A case order or specialized proceeding may change the steps. Read the current rules and directions for your own filing.