The plaintiffs, subsequent encumbrancers, sued the defendant first mortgagee for an improvident sale and an accounting of proceeds following a power of sale.
The action was administratively dismissed by the Registrar.
The plaintiffs moved to set aside the dismissal.
The court reviewed the history of the mortgage transactions, noted the defendant's failure to provide a meaningful accounting, and applied the contextual approach for setting aside administrative dismissals.
Finding a plausible explanation for the delay and a genuine issue regarding the property's value, the court set aside the dismissal and restored the action to active status.
