COSTS — where proceedings are discontinued by leave — where no determination on the merits — presumption as to costs under UCPR r 42.19.
Quick Take
1Where a plaintiff discontinues proceedings brought against an external administrator whose decision remains undisturbed, the default costs position under UCPR r 42.19 is not displaced merely because the plaintiff achieved success in separate related proceedings to which the administrator was not a party.
2The default costs position under UCPR r 42.19 may be displaced where the court cannot determine, absent a hearing on the merits, whether the discontinuing plaintiff or the defendant would have succeeded, and the interaction between the discontinued proceedings and related proceedings resolved on the merits remains uncertain.
