The plaintiffs brought a motion to set aside a registrar’s order dismissing their personal injury action as abandoned under former Rule 48.15 of the Rules of Civil Procedure.
The action arose from a motor vehicle collision and had been dismissed after no defence was filed within the prescribed period.
Applying the contextual approach endorsed in Scaini v. Prochnicki and subsequent appellate authority, the court considered the Reid factors, including explanation for delay, intention to proceed, promptness of the motion, and prejudice to the defendants.
Although the plaintiffs’ explanation for delay and the timing of the motion were unsatisfactory, the registrar’s dismissal occurred before the required 45‑day notice period expired, constituting an irregularity.
The court also found no significant prejudice to the defendants and emphasized the policy favouring determination of disputes on their merits.
