The appellant appealed a Master's decision dismissing her motion to set aside a Registrar's order that had dismissed her personal injury action as abandoned.
The Divisional Court found that the Master made palpable and overriding errors by concluding that the appellant's counsel's affidavit had no evidentiary value and by finding prejudice to the respondent based on the expiration of the limitation period.
The court allowed the appeal, quashed the Master's decision, and ordered the Registrar's dismissal order set aside.
