18(1)Subject to subsection (2), a party may withdraw all or part of the party’s claim, counterclaim or third party claim at any time by filing a notice of withdrawal by claimant (Form 5A) or a notice of withdrawal by defendant (Form 5B), as the case may be, with the clerk and serving a copy of the notice of withdrawal on the other parties.

18(2)If a response or third party response has been filed, a party shall not withdraw all or part of the party’s claim or third party claim without leave of the court or without the written consent of all parties, and the consent must be attached to the notice of withdrawal.

18(3)The withdrawal of a claim, counterclaim or third party claim by a party does not prejudice the right of any other party to proceed with that party’s claim, counterclaim or third party claim.

18(4)The withdrawal of a claim, counterclaim or third party claim is not a defence to a subsequent action, unless the order giving leave to withdraw or the written consent of the parties so provides.