The plaintiff moved to set aside a Registrar’s order dismissing a civil action for delay arising from alleged workplace sexual assault and related constructive dismissal claims.
The court applied the contextual analysis described in Reid v Dow Corning Corp, considering explanation for litigation delay, inadvertence in missing the deadline to set the action down for trial, promptness of the motion, and prejudice to the defendants.
Although the action progressed slowly and counsel cited workload pressures, the court found there was no intentional delay and that the plaintiff had taken steps toward advancing the litigation.
The motion to set aside the dismissal was brought promptly and the defendants failed to demonstrate significant prejudice.
The court set aside the dismissal order and permitted the action and a related crossclaim to proceed.