The plaintiff brought a motion to set aside the Registrar's administrative dismissal of the action for delay.
The defendant opposed, arguing prejudice due to document purging and a missing surveyor.
Applying the *Reid v. Dow Corning Corp.* test, the court found the plaintiff's explanation for delay less than compelling but accepted inadvertence for missing the deadline.
Crucially, the court determined there was no actual prejudice to the defendant's ability to defend the action, as necessary documents still existed and the surveyor's testimony was not essential.
The motion was allowed, and the plaintiff was given a new deadline to set the action down for trial.