The defendant Ryder Truck Rental Canada Ltd. brought a motion in writing to lift a stay of proceedings and dismiss the action in its entirety without costs.
The plaintiffs had resolved their claim with the co-defendant insurer and elected not to proceed against the remaining defendants.
The court found that a previous noting in default of the individual defendant while the stay was in place was invalid, but that noting in default was not required to dismiss the action.
The court lifted the stay for the sole purpose of dismissing the action without costs on consent of the participating parties.
