The plaintiff brought a motion under Rule 37.14 of the Rules of Civil Procedure to set aside a registrar’s dismissal of the action for delay under Rule 48.14.
Applying the contextual approach and the Reid factors articulated in appellate jurisprudence, the court considered the adequacy of the explanation for litigation delay, inadvertence in missing the set‑down deadline, promptness in bringing the motion, and prejudice to the defendant.
The court found the delay adequately explained, the failure to meet the deadline resulted from inadvertence, and the motion was brought promptly once counsel became aware of the dismissal.
Although a presumption of prejudice arose due to the limitation period, the plaintiff rebutted the presumption and the defendant failed to establish actual prejudice.
The dismissal order was set aside, with limited thrown‑away costs payable by the plaintiff.
