The plaintiff brought a motion to set aside a registrar's order dismissing its action for delay.
The underlying action concerned an insurance claim for an equipment failure.
The court applied a contextual approach, noting that while some periods of delay were unexplained, the plaintiff did not intend to abandon the action, moved promptly to set aside the dismissal once discovered, and the defendants suffered no actual prejudice.
The motion was granted, the dismissal order was set aside, and a timetable was established for mediation and setting the action down for trial.
