The plaintiff moved to restore the action to the trial list after it was struck for failure to file a certification form.
The action involved a dispute over the proceeds of a real estate joint venture.
Applying the recent Court of Appeal decision in Carioca's Import & Export Inc., the Master determined that because there was no impending administrative dismissal, the appropriate test was whether the action was ready for trial, rather than the stricter delay and prejudice test from Nissar.
Finding the action was nearly ready, the Master granted the motion and imposed a timetable for completing remaining steps.
