The plaintiff moved under Rule 37.14 of the Rules of Civil Procedure to set aside a registrar’s administrative dismissal for delay.
The underlying action alleged conversion and negligence by the defendant bank arising from the theft of approximately $750,000 by a former employee of the plaintiff.
Although the plaintiff failed to provide a satisfactory explanation for prolonged delay in advancing the action, the court found the missed set‑down deadline resulted from inadvertence and that the motion to set aside was brought promptly.
The court further held that the plaintiff rebutted the presumption of prejudice, as relevant documents and witnesses remained available and the defendant presented no evidence of actual prejudice.
Applying a contextual analysis favouring determination of disputes on their merits, the dismissal order was set aside.
