The defendant brought a motion to strike the statement of claim and dismiss the action.
Subsequently, the self-represented plaintiff filed a notice of discontinuance before the close of pleadings, arguing this terminated the action and precluded the defendant's motion.
The court held that the defendant's right to proceed with the motion to dismiss was not abrogated by the subsequent notice of discontinuance, as ignoring this principle would prejudice the defendant by allowing the plaintiff to potentially re-institute the action.
The court allowed the defendant's motion to proceed.
