The plaintiff brought a motion to set aside a Registrar's order dismissing her action for delay.
The action had previously been dismissed by summary judgment, and an appeal of that dismissal was also dismissed.
The court found that the Registrar's dismissal was made without knowledge of the prior judicial dismissal.
The motion to set aside the Registrar's order was dismissed at this time, but with a condition: the Registrar's order would be set aside if the plaintiff is granted leave to appeal to the Supreme Court of Canada and subsequently succeeds in setting aside the summary judgment dismissal.
