The plaintiff brought a motion to set aside a registrar's order dismissing the action for delay.
The action arose from a 2008 motor vehicle accident.
The court applied a contextual approach, finding that the plaintiff adequately explained the litigation delay, which was partly due to issues identifying the vehicle's owner and the defendants' delay in delivering pleadings.
The court accepted that the failure to set the action down was due to counsel's inadvertence, the motion was brought reasonably promptly, and the defendants did not suffer significant prejudice.
The motion to set aside the dismissal was granted.
