The plaintiff moved to set aside a registrar’s second dismissal for delay arising from missed set down deadlines in a municipal trip-and-fall action.
Applying the Reid factors and the contextual approach mandated by appellate authority, the court accepted that the missed deadlines resulted from inadvertence associated with file transfers, staff turnover, and administrative failures rather than abandonment of the claim.
The court held that the motion to reinstate was brought with sufficient promptness in context and that the defendant had not shown actual prejudice to its ability to defend, particularly given its prior consent to reinstatement after the same notice-related complaints.
The action was reinstated and a new set down deadline was imposed.
