The plaintiffs brought a motion under rule 37.14(1) of the Rules of Civil Procedure to set aside a registrar’s order dismissing their motor vehicle accident action as abandoned under rule 48.15 and to extend time for service of an amended statement of claim on an additional defendant.
Applying the Reid factors, the court considered whether the delay was adequately explained, whether the dismissal resulted from inadvertence, whether the motion was brought promptly, and whether the defendants would suffer prejudice.
The court found that the delay was largely attributable to the plaintiffs’ lawyer’s mental health issues and constituted inadvertence rather than a deliberate decision to abandon the claim.
Although the delay was significant, the plaintiffs rebutted the presumption of prejudice and the defendants failed to establish actual prejudice.
Balancing the interests of finality with the principle that actions should be decided on their merits, the court set aside the dismissal and validated late service on the defendant.
