What is one of the penalties for a plaintiff who continues a simplified action under ordinary procedures?

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The penalty for a plaintiff who continues a simplified action under ordinary procedures primarily involves the potential cost consequence. This refers to the possibility that the plaintiff may be ordered to pay the defendant's costs if the court finds that the matter should have proceeded under the simplified process. Simplified actions are designed to be quicker and less costly, so if a plaintiff opts for ordinary procedures, they may be penalized financially for not adhering to the intended streamlined process.

This cost consequence serves as a deterrent against misusing the ordinary procedural pathway when the simplified process would have been more appropriate. It does not involve dismissing the case outright, which would be a more severe consequence than what is typically applied. Additionally, there is no provision for increasing the payout simply because ordinary procedures were followed, nor does that process automatically lead to the acceptance of any settlement, as these outcomes are not directly tied to the procedural choice. Thus, the emphasis on cost consequences effectively aligns with the rules intended to encourage the proper use of simplified actions.

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