The plaintiff brought a motion to set aside an administrative dismissal of an action.
The court considered the established factors for setting aside such dismissals, including explanation for delay, inadvertence, promptness of the motion, and prejudice to the defendants.
While the court accepted that these four factors generally favoured the plaintiff, it considered the additional factor of the merits of the action where the evidence was clear and unchallenged.
The court found that a previously executed full and final release barred the plaintiff’s claims against the defendants relating to an earlier action and a prior court order.
As a result, the claim lacked merit and the administrative dismissal would not be set aside.
