Dian and Aaryn Doyle moved to set aside a registrar's order dismissing their action for delay, stemming from two motor vehicle accidents in 2010.
The court applied the four Reid factors (explanation for delay, inadvertence, promptness of motion, and non-compensable prejudice).
The court found a reasonable explanation for delay due to personal difficulties, health issues, confusion regarding undertakings, settlement discussions, and a conflict of interest with previous counsel.
The deadline was missed through inadvertence, and the motion was brought promptly.
The court found no non-compensable prejudice to the defendants, as no critical evidence was lost due to delay.
The motion was granted, setting aside the dismissal order for Dian and Aaryn Doyle, but not for Aiden Doyle who did not participate.
No costs were awarded due to counsel's inadvertence.
