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Registrar's dismissal order set aside despite delay, as failure was inadvertent and defendant suffered no prejudice.
The plaintiffs brought a motion to set aside a registrar's order dismissing their motor vehicle accident action as abandoned under Rule 48.15.
The action was dismissed after the plaintiffs failed to file a defence within 180 days.
Applying the Reid factors, the court found that while the plaintiffs failed to bring the motion promptly and did not adequately explain the litigation delay, the failure to comply with the rules was inadvertent and the defendant suffered no actual prejudice.
The court set aside the dismissal order and ordered the plaintiffs to pay the defendant's costs of the motion.
The action was dismissed because no defence was filed within 180 days and the plaintiffs' counsel inadvertently failed to respond to a pending dismissal notice.
Applying the Reid factors, the court found that while the plaintiffs failed to explain the litigation delay and did not move promptly, the failure was inadvertent and the defendant suffered no actual prejudice.
The court set aside the dismissal order and awarded costs of the motion to the defendant.
