Baron v. Canada Post Corp.
T-626-92
Hargrave P.
25/11/94
3 pp.
Motion seeking discontinuance of action pursuant to R. 406(3), costs-R. 406(3) permitting Court, before or after any hearing, upon such terms as seem just, to order action discontinued-Following examinations for discovery plaintiff seeking to discontinue, without costs, action for damages for improper disclosure of part of personnel file to union-Canada Post seeking costs-Nothing happening since end of 1993- Halsbury's Laws of England, 4th ed., vol. 37, para. 283 commenting on identical English rule: defendant entitled to order action be discontinued, not "stayed", and where particular claim withdrawn, defendant entitled to order directing actual withdrawal or discontinuance of part in question-Discontinuance appropriate remedy herein even though Canada Post might have accomplished same ends by other means, including that plaintiff, by seeking discontinuance but doing nothing for many months, abusing Court's process-In lieu of taxation, lump sum of $1,600 awarded-Federal Court Rules, C.R.C., c. 663, R. 406(3).