D. Iny

The plaintiff brought a motion to set aside a Registrar's order dismissing her action for delay.

The action, concerning events from 2004 and 2005, was dismissed in 2017 after years of inactivity, largely attributed to the plaintiff's former counsel's severe mental health issues.

Applying the four-part test from Reid v. Dow Corning Corp, the court found that while the motion was brought promptly, the plaintiff failed to provide an adequate explanation for the delay, the delay was not due to inadvertence, and the defendant would suffer significant prejudice if the action were permitted to continue.

The motion was dismissed.

The plaintiff's action was administratively dismissed for delay under Rule 48.14 after failing to set the action down for trial.

The plaintiff brought a motion to set aside the registrar's dismissal order.

The court applied the Reid factors and a contextual approach, finding that the delay was adequately explained, resulted from counsel's inadvertence, and that the defendants would not suffer non-compensable prejudice.

The motion was granted and the dismissal order was set aside.

The plaintiff brought an action alleging her daughter fraudulently transferred title of a jointly owned property into her own name and subsequently encumbered it with multiple mortgages.

One of the mortgagees brought a motion for summary judgment to dismiss the action against it, and the plaintiff brought a cross-motion for summary judgment against the mortgagees and default judgment against her daughter.

The court dismissed all motions, finding that the 'full appreciation' test could not be met on the incomplete documentary record, and that a trial was necessary to determine whether the plaintiff had an opportunity to avoid the fraud and to allocate the loss among the competing parties under the theory of deferred indefeasibility.