The plaintiffs brought a motion to restore their action to the trial list after it was struck due to a failure to deliver an amended trial record.
The underlying action involved allegations of lost or damaged personal property following a residential fire.
The court applied the Nissar test and found the plaintiffs provided an acceptable explanation for the delay, primarily related to their former counsel's retirement, and that the defendant suffered no non-compensable prejudice.
The motion was granted with no costs.
