Can a Master Order prevent a Plaintiff from withdrawing an Affidavit?
Nova Scotia, Canada
The following excerpt is from Gallagher Holdings Ltd. v Unison Resources Inc., 2017 NSSC 248 (CanLII):
It is clear from Comet, supra, that the mere filing of an affidavit does not suffice to prevent subsequent withdrawal by the filing party. I also find some support for this in MacMaster v. Fletcher, [1938] O.J. 63, where Justice McTague, on an appeal of a Master’s order, opined at para. 5 to the effect that an Order permitting the withdrawal of an affidavit and dispensing with the need for the Plaintiffs to file a further affidavit was within the discretion of the Master and purely discretionary, and so it ought not to be interfered with.
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