The plaintiff brought a motion to set aside an administrative dismissal of her action against the Greater Sudbury Police Services Board and a former police sergeant.
The action was dismissed in 2018 due to delay, but the defendants had initially consented to setting it aside before withdrawing consent.
The court found that the plaintiff had a reasonable explanation for the delay, which was largely attributable to her former counsel's inadvertence and the defendants' own delays.
The court also found no significant actual prejudice to the defendants.
The motion to set aside the dismissal was granted.
