The plaintiffs brought a motion to traverse the main action to Small Claims Court and to discontinue the Family Law Act claim.
The discontinuance was unopposed and granted.
The defendants opposed the transfer to Small Claims Court primarily over the quantum of costs thrown away and the preservation of a prior deferred costs order.
The court granted the transfer on the condition that the plaintiff pay fixed costs thrown away of $1,124.62 and agree in writing to pay the prior costs order at the conclusion of the action.