The appellant challenged an order refusing to set aside a Registrar’s administrative dismissal of the action for delay.
The Court of Appeal held that the motion judge applied the correct legal test and that no palpable and overriding error was shown in the exercise of discretion.
The court also found the explanation for the very significant delay in bringing the motion after the administrative dismissal to be unsatisfactory.
The appeal was dismissed with fixed costs to the respondents.
