Where a party has obtained substantially identical relief in one court, the continuation of parallel proceedings in another court constitutes an abuse of process, and the party maintaining those proceedings should discontinue them. Under UCPR 42.19, a discontinuing party bears the costs unless the court orders otherwise, and a party's failure to discontinue when it should have done so is a relevant consideration in the exercise of the costs discretion. A defendant is not unreasonable in refusing a settlement offer that is crafted to avoid the normal costs consequences of discontinuance.
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