The plaintiff brought a motion to vary a 2012 order that had set aside a Registrar's dismissal of her action for delay, on the condition she set the matter down for trial within 60 days.
The plaintiff failed to comply with the 60-day deadline and took no meaningful steps to advance the litigation for several years.
The court applied the Reid criteria with heightened scrutiny, finding the plaintiff failed to adequately explain the delay, demonstrate inadvertence, move promptly, or rebut the presumption of prejudice.
The motion was dismissed, and the court exercised its inherent jurisdiction under s. 106 of the Courts of Justice Act to stay the action entirely.
