The plaintiff brought a motion to set aside a Registrar's Order dismissing her action for delay.
The action, claiming $12,000,000 in damages arising from a border crossing incident, was dismissed after a series of miscommunications and missed deadlines regarding a discovery plan.
The defendants opposed the motion, arguing prejudice because the plaintiff had recently been diagnosed with dementia and could not be examined on her claims for emotional distress.
The court applied the four-part test for setting aside a dismissal order and found that the delay was adequately explained by inadvertence and missteps by multiple parties.
The court concluded that the prejudice to the plaintiff of losing her entire action outweighed the prejudice to the defendants regarding the examination, and set aside the dismissal order.
