The plaintiff brought a motion to set aside a Registrar's Order dismissing its action for delay under Rule 48.14.
The action had been dormant for over four years.
The court applied the Reid factors and found that the plaintiff failed to provide an adequate explanation for the delay, failed to show inadvertence, and failed to demonstrate that the defendants would not suffer actual prejudice.
The motion to set aside the dismissal was dismissed.
The court also noted that, had the dismissal been set aside, it would have granted the defendant's cross-motion for security for costs due to the plaintiff's insufficient assets.
