Can withdrawal of a discontinuance be withdrawn following a deliberate decision to discontinue?

Alberta, Canada


The following excerpt is from Neis v. Yancey, 1999 ABCA 272 (CanLII):

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.

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