What is the appropriate way to discontinue a personal injury action?

Ontario, Canada


The following excerpt is from Maindonald v. McKeown, 2011 ONSC 4709 (CanLII):

In Anand v. State Farm,[5] Master Haberman outlined the approach to be taken when leave is sought to discontinue: It seems to me that this is the type of relief the court should ordinarily be prepared to grant, subject to a cost order where appropriate, unless there is a real concern of abuse or of substantial prejudice…In my view, this is the most appropriate way to approach the issue as it should be up to a party to decide against whom to initiate its action and against whom to continue it.

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