The plaintiff moved for leave under Rule 48.11(b) of the Rules of Civil Procedure to restore an action to the trial list after it had been struck off.
The court applied the four-factor framework governing restoration motions, including whether delay was intentional, whether there was inordinate and inexcusable delay, whether the plaintiff rebutted any presumption of prejudice, and whether the defendant demonstrated actual prejudice.
The court found the delay was not intentional or contumelious and that the action had originally been set down for trial within a reasonable period after commencement.
The plaintiff provided evidence addressing delay and asserting no prejudice, while the defendant produced no concrete evidence of actual prejudice beyond general assertions.
Balancing the factors and the interests of the parties, the court granted leave to restore the action to the trial list and ordered the plaintiff to pay costs for the indulgence.
