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A registrar lacks jurisdiction to dismiss an action for delay while it is subject to an automatic bankruptcy stay.
The moving parties, creditors of a bankrupt company (Acorn), sought to set aside the registrar's dismissal for delay of three actions originally brought by Acorn against the Crown.
The actions were dismissed while subject to an automatic stay due to Acorn's bankruptcy.
The court found that the registrar lacked jurisdiction to dismiss the actions while they were stayed.
Alternatively, applying the Reid factors, the court found the explanation for delay adequate, the motion brought promptly given the circumstances, and no uncompensable prejudice to the Crown, whose own actions contributed to any alleged prejudice.
The dismissals were set aside.
