COSTS — Where proceedings are discontinued by leave against the fifth and sixth defendants — No question of principle
Quick Take
1Where a discontinuing plaintiff demonstrates that supervening events — not attributable to either party — removed the subject matter of the claims against particular defendants, that constitutes a sound positive ground for departing from the default costs position under UCPR r 42.19(2) that the plaintiff pay the defendant's costs.
2The sale of the subject property to a third party with proceeds absorbed by registered mortgagees, rendering a claimed equitable charge and judicial sale order untenable, qualifies as a supervening event justifying departure from the default costs rule on discontinuance.
