Christina A. Stewart

The defendants brought a motion to dismiss the plaintiff's action for delay and for failure to abide by a court order.

The action arose from a 2009 slip and fall and a 2009 motor vehicle accident.

The plaintiff failed to meet any of the deadlines set out in a 2015 timetable order and provided no reasonable explanation for the delay.

The court found the delay to be inordinate and inexcusable, giving rise to a presumption of prejudice that the plaintiff failed to rebut.

The court granted the defendants' motion and dismissed the action under both Rule 24.01 and Rule 60.12.

The plaintiff brought a motion to set aside a Registrar's Order dismissing her motor vehicle accident action for delay.

The action was dismissed in January 2014 after the plaintiff failed to set it down for trial by the deadline.

Applying the Reid factors, the court found the plaintiff failed to adequately explain the delay, failed to prove inadvertence, did not move promptly to set aside the dismissal, and failed to rebut the presumption of prejudice to the defendants given the passage of nearly ten years since the accident.

The motion was dismissed.