Consent Order Dismissing Action (AB)

Summary

This precedent can be used to draft a consent order to dismiss an action at the Alberta Court of King's Bench. This precedent has been prepared in accordance with the Alberta Rules of Court, Alta. Reg. 124/2010 ("Rules")) and includes practical guidance and drafting notes for preparing a consent order to dismiss. An order may be obtained by an applications judge or judge in morning chambers by one party to the action who will then serve the effected order on the other party. To make the order effective, it must be entered by filing it with the court clerk, pursuant to r. 9.5(1) of the Rules. A consent dismissal order is a final determination of the cause of action as if it had been decided on the merits. An order to dismiss an action is usually obtained on consent when the parties settle the matter, unless there is a contractual agreement to the contrary. For more information on dismissing an action following a mediation, see the following practice notes: Mediation (AB) and Minutes of ...