The plaintiff insurer brought a motion to extend the deadline for setting the action down for trial, effectively seeking to avoid the Registrar's dismissal of the action for delay.
The court applied the test for setting aside a dismissal order, including the Reid factors.
Although the plaintiff failed to adequately explain its 19-month delay or prove inadvertence, the court granted the extension because the defendants failed to establish actual prejudice resulting from the delay.
However, due to the plaintiff's lengthy unexplained delays and conduct, the court ordered the successful plaintiff to pay the defendants $30,000 in substantial indemnity costs.
