In denying the Plaintiffs’ motion to discontinue the action as against certain defendants, the court commented on the distinction between the effect of a discontinuance and a dismissal of an action. Pursuant to the Rules of Civil Procedure, 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. In contrast, the dismissal of an action can, in certain circumstances, be a defence to a subsequent action.
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