The plaintiff brought a motion to set aside a registrar’s order dismissing the action for delay and to restore the matter to the trial list.
The underlying claim concerned damages for breach of a commercial lease and alleged damage to fixtures following the defendant’s departure from leased premises.
The court considered the established factors governing whether a dismissal for delay should be set aside, including explanation for delay, inadvertence, promptness of the motion, and prejudice to the defendant.
The delay was largely attributable to serious injuries suffered by the plaintiff’s counsel and inadvertent failure to respond to a status notice.
Finding the delay explained and no significant prejudice to the defendant, the court set aside the dismissal and restored the action to the trial list.
