The plaintiffs brought a motion to set aside an administrative dismissal of their action for damages arising from a residential oil spill.
The action was dismissed by the registrar in 2019 for not being set down for trial within five years.
The defendants conceded that the delay was explained and the deadline was missed by inadvertence, leaving prejudice as the only issue.
The court found that the defendants had early notice of the claim, evidence was preserved, and any prejudice from reviving the action was minimal.
The motion was granted and the dismissal was set aside.
