The plaintiff commenced an action which was subsequently discontinued following an email exchange between counsel.
The defendant then brought a motion under Rule 23.05(1) for costs of the discontinued action, arguing the discontinuance was unilateral.
The court dismissed the motion, finding that the email correspondence constituted a binding settlement agreement that included the discontinuance of the action but did not include any term for the payment of costs.
The plaintiff was awarded partial indemnity costs for successfully opposing the motion.
