The plaintiff moved to set aside a Registrar’s dismissal of a personal injury action arising from a shooting at a Halloween attraction.
The court held that the delay was attributable to counsel’s serious depression and anxiety rather than the plaintiff, and that the defendants and third parties had not demonstrated meaningful prejudice from restoration of the action.
Applying a contextual approach to the Reid factors, and considering the evolving Rule 48 regime and proportionality, the court reinstated the action.
The court imposed a deadline requiring the action to be set down for trial by December 31, 2015 and awarded the defendants lump-sum motion costs.
