The appellants (defendants) appealed a Master's decision that set aside a registrar's order dismissing the action for delay.
The Superior Court found that the Master erred in reversing the onus of proof regarding prejudice, which lies with the plaintiff to demonstrate a lack thereof.
The Master also failed to give adequate weight to the principle of finality.
The court emphasized that the plaintiff failed to provide a satisfactory explanation for significant delays and did not demonstrate a lack of prejudice to the defendants.
The appeal was allowed, and the registrar's dismissal order was restored.
