The defendants appealed a master's order setting aside an administrative dismissal of a personal injury action.
The motion judge found that the master misapprehended the evidence regarding the explanation for extensive litigation delay and improperly characterized counsel’s conduct as mere inadvertence.
The court held that the plaintiff’s counsel had effectively abandoned the file through poor organization, lack of supervision, and failure to monitor service of the statement of claim.
Applying the contextual approach from Scaini and the Reid factors, the court emphasized the public interest in finality of litigation.
The appeal was allowed and the administrative dismissal was reinstated.
