The plaintiff brought a motion to set aside a Registrar's order dismissing the action for delay.
While most defendants consented, one defendant opposed the motion.
The court applied a contextual approach, finding that the litigation delay was adequately explained by intervening motions and appeals, the deadline was missed due to inadvertence, the motion was brought promptly, and there was no actual prejudice to the defendants.
The court granted the motion, set aside the dismissal order, and directed the action be set down for trial within 30 days, with no costs awarded.
