The plaintiffs brought a motion to set aside a Registrar's Order dismissing their action for delay and to amend the Statement of Claim to substitute a named defendant for 'John Doe'.
The action arose from an airplane accident.
The court applied the Reid test, finding that the plaintiffs satisfactorily explained the litigation delay, inadvertence, and delay in bringing the motion, and that the defendants would not suffer non-compensable prejudice.
The motion to set aside the dismissal was granted, and the plaintiffs were permitted to amend their claim to add the named defendant.
