The plaintiff, Pelivan Muscaj, brought a motion under Rule 37.14 to set aside a registrar's order dismissing his action for delay, issued due to failure to set the action down for trial by the deadline under Rule 48.14.
The court applied the four-part Reid factors (satisfactory explanation for delay, intention to prosecute, timeliness of motion, and prejudice to defendant) using a contextual approach.
The court found the plaintiff failed to provide a satisfactory explanation for the 17-month litigation delay and did not offer satisfactory evidence of a continuing intention to prosecute the action diligently.
Furthermore, the plaintiff did not demonstrate that the defendant would not suffer significant prejudice.
Consequently, the motion to set aside the dismissal was denied.
