The appellant appealed from an order dismissing his motion to set aside a registrar's dismissal for delay.
The motion judge applied the Reid v. Dow Corning Corp. test and found that while the appellant acted with reasonable diligence in moving to set aside the order, he failed to adequately explain the litigation delay, his failure to set the action down was deliberate, and he failed to rebut the presumption of prejudice arising from the expiry of the limitation period.
The Court of Appeal found no error in the motion judge's exercise of discretion and dismissed the appeal.
