The plaintiff brought a motion to set aside a registrar's order dismissing his personal injury action for delay.
The action arose from a 2008 bicycle and motor vehicle accident and had been dismissed twice for failing to set the matter down for trial.
The court found that the plaintiff failed to provide a reasonable explanation for the delay, noting that plaintiff's counsel had lost contact with their client.
The court also found that the defendant would suffer significant prejudice due to the passage of time, the loss of access to older medical records, and the inability to conduct a timely independent medical examination regarding a pre-existing knee condition.
The motion was dismissed.
