The plaintiffs brought a motion to set aside a Registrar's order dismissing their franchise dispute action for delay.
The delay was largely attributed to the disappearance of the plaintiffs' initial counsel with trust funds, and subsequent difficulties obtaining the file from replacement counsel.
The court applied the Reid factors and found the plaintiffs had adequately explained the delay, intended to proceed, and the defendants would not suffer actual prejudice.
The dismissal order was set aside.
However, the court granted the defendants' request for security for costs under Rule 56.01, ordering the plaintiffs to post $30,000 as they failed to demonstrate sufficient assets in Ontario.
