The plaintiff brought a motion to set aside a Registrar's order that dismissed the action for delay under Rule 48.14 of the Rules of Civil Procedure.
The defendants opposed the motion, arguing the plaintiff had abandoned the action and that reinstatement would be prejudicial.
The court granted the plaintiff's motion, finding an adequate explanation for the litigation delay (counsel's illness), inadvertence in missing the deadline, and that the motion to set aside was brought promptly.
While acknowledging presumptive prejudice due to the passage of time, the court applied a contextual approach, emphasizing the preference for resolving matters on their merits, especially when delay is due to counsel's error.
The action was allowed to proceed, and a timetable was ordered.
