The plaintiff brought a motion to set aside a Registrar's order dismissing her personal injury action for delay.
The action arose from a 2016 fall at a bus stop.
Despite a prior order extending the time to set the action down for trial, plaintiff's counsel inadvertently failed to diarize the new deadline, leading to the administrative dismissal.
The court applied the contextual test for setting aside a dismissal order, finding that the delay was adequately explained, counsel's inadvertence caused the missed deadline, and the defendant suffered no significant prejudice.
The motion was granted and the dismissal order was set aside, with no costs awarded to the plaintiff.
