The plaintiff sought leave to discontinue a wrongful dismissal action in Ontario, which was a condition for proceeding with a related action in Florida.
The defendant consented to the discontinuance but sought costs for the action and the motion on an elevated scale, and that the discontinuance be with prejudice.
The court granted leave to discontinue with prejudice, awarded the defendant partial indemnity costs for the action (fixed at $7,500), but ordered each party to bear their own costs for the motion, finding both parties' conduct regarding the motion costs unreasonable.
