Creative Edge Nutrition Inc (FITX)

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EFFECT OF DISCONTINUANCE ON SUBSEQUENT ACTION

Not A defence

23.02(1) The discontinuance of all or part of an action is not a defence to a subsequent action, unless the order giving leave to discontinue or a consent filed by the parties provides otherwise.

Failure to pay costs

23.02(2) Where a plaintiff has discontinued and is liable for costs of an action, and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest before payment of the costs of the discontinued action, the court may order a stay of the subsequent action until the costs of the discontinued action have been paid.

COSTS OF DISCONTINUANCE

23.03 Where a plaintiff discontinues an action against a defendant, the defendant is entitled to the costs,

(a) of the action;

(b) of any crossclaim or third party claim; and

(c) payable to any persons against whom the defendant has commenced a crossclaim or third party claim, unless the court orders or the parties agree otherwise.