In Singh v. Street, supra, Tallis J.A. held that withdrawal of a discontinuance should not be permitted following a deliberate decision to discontinue unless special circumstances can be demonstrated. In that case, the mere expiration of a limitation period was sufficient to constitute prejudice, and no special circumstances were established to warrant the withdrawal.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.