The appellants appealed a Master's order refusing to set aside a registrar's dismissal of their action for delay.
The Divisional Court found that the Master made factual errors regarding the calculation of delay and the alleged prejudice to the respondents concerning document preservation.
Furthermore, the Master failed to conduct a proper contextual analysis of the Reid factors, including the impact of recent amendments to Rule 48.14 extending the time for dismissal.
The appeal was allowed, and the dismissal order was set aside.
