The plaintiff in a defamation action brought a motion for leave to discontinue the proceeding with prejudice.
The self-represented defendant opposed the motion, arguing that a Master lacked jurisdiction because his pending anti-SLAPP motion under section 137.1 of the Courts of Justice Act must be heard by a judge, and that the motion to discontinue constituted an impermissible 'further step' under section 137.1(5).
The Master held that Masters have jurisdiction to hear motions to discontinue under Rule 23.01, and that seeking to end the litigation is not a 'further step' barred by the anti-SLAPP provisions.
Applying the test for discontinuance, the Master granted the motion, finding it the most just and expeditious way to end the dispute, and ordered that the discontinuance bars any subsequent action on the same causes.
