The plaintiffs brought a motion to set aside a registrar's order dismissing their action for delay.
The action, commenced in 2013, alleged improper solicitation of clients by former associates.
The court applied the Reid factors and found that the plaintiffs failed to provide a reasonable explanation for the delay, failed to show the deadline was missed through inadvertence, and did not move promptly to set aside the dismissal.
Furthermore, the court found actual prejudice to the defendants due to the loss of key evidence, specifically a mobile phone containing allegedly incriminating messages.
The motion to set aside the dismissal was dismissed.
