Glenn Bogue

The plaintiff moved to set aside a registrar's order dismissing his solicitor negligence action for delay and sought leave to amend his statement of claim to add his former lawyer and law firm as defendants.

The court dismissed the motion to set aside the dismissal, finding the plaintiff failed to adequately explain the delay, failed to prove inadvertence, and failed to rebut the presumption of prejudice to the defendant.

The court also dismissed the motion to add the former lawyer as a defendant, concluding that the proposed claims were either untenable or barred by the two-year limitation period under the Limitations Act, 2002.

The plaintiff moved to set aside a registrar's order dismissing his professional negligence action for delay and sought leave to amend his statement of claim to add his former lawyers as defendants.

The court dismissed the motion to set aside the dismissal, finding the plaintiff made a deliberate decision not to pursue the litigation and failed to rebut the presumption of prejudice.

The court also dismissed the motion to add the former lawyers as defendants, concluding that the proposed claims were either statute-barred under the Limitations Act, 2002 or legally untenable.