The self-represented plaintiff sought leave to discontinue his action under Rule 23.01(2), claiming to be a person under a disability, with the intention of starting a new application based on the same 2013 events.
The court noted that the plaintiff misunderstood the procedural consequences, as a new application would likely be statute-barred.
Applying the CJC Statement of Principles on Self-Represented Litigants, the court explained the relevant law and procedural options to the plaintiff.
The court found the plaintiff was not a person under a disability within the meaning of the Rules and therefore did not require leave to discontinue.
The motion for leave was declined, and the plaintiff was given a deadline to either move for late filing of a statement of claim or discontinue the action.
