The plaintiffs brought a motion for leave to discontinue their simplified procedure action with prejudice.
The action involved a claim for latent defects in a purchased property.
The plaintiffs sought to discontinue because their expert became unavailable, the defendant was unable or unwilling to be examined for discovery, and the defendant was impecunious with unpaid costs awards.
The court applied the factors for granting leave to discontinue and found that the prejudice to the plaintiffs in continuing the action outweighed any prejudice to the defendant.
The motion was granted.
