The plaintiffs brought a motion to restore a personal injury action to the trial list, discontinue the Family Law Act claims of two siblings, and remove counsel of record for the parents.
The defendants consented to the discontinuance but sought a condition allowing them to examine the siblings for discovery, arguing their evidence was necessary to understand the injured plaintiff's pre-accident condition given his traumatic brain injury and young age at the time of the accident.
The court granted the discontinuance on the condition that the defendants may examine the siblings for discovery, distinguishing prior case law due to the unique circumstances and lack of alternative sources for the information.
The court also granted the order removing counsel of record for the parents.
