The plaintiff brought a motion to set aside a registrar's order dismissing his action for delay under Rule 48.14.
The action, which sought repayment of a $153,000 loan, was dismissed after five years of inactivity.
The court applied the contextual four-factor test from Scaini v. Prochnicki, accepting the plaintiff's explanation that health issues caused the delay and finding no prejudice to the defendant.
The motion was granted and the dismissal order was set aside, with no order as to costs.
