The plaintiff brought a motion to set aside a Registrar’s order dismissing an action for delay.
The underlying claim alleged wrongful dismissal and related torts arising from the plaintiff’s cessation of employment as a delivery driver.
Applying the factors from Reid v Dow Corning Corp, the court held the plaintiff failed to adequately explain the litigation delay, did not demonstrate that missing the deadline was inadvertent, and failed to rebut the presumption of prejudice arising after the expiry of the limitation period.
The evidence showed the plaintiff had deliberately served a notice of discontinuance and focused instead on employment insurance appeals before later attempting to revive the action.
In the circumstances, it would be unjust to revive the litigation.
