The plaintiff brought a motion to set aside a registrar's order dismissing the action for delay under Rule 48.14(1).
The action involved a referral fee dispute between a paralegal company and a lawyer, which had been consolidated from several small claims court actions.
The court applied the Reid factors and found that the plaintiff adequately explained the litigation delay, the missed deadline was due to counsel's inadvertence, and there was no prejudice to the defendant.
The motion was granted, the dismissal order was set aside, and a timetable was established, with costs awarded to the defendant.