The plaintiffs moved to set aside a Registrar's order dismissing their slip and fall action for delay.
The action was dismissed after plaintiffs' counsel failed to set the matter down for trial or respond to a status notice due to inadvertence.
The court applied the Reid criteria and found that while inadvertence was shown, the motion was not brought promptly and the defendants would suffer significant prejudice.
The defendants had lost their ability to crossclaim against a co-defendant who was responsible for maintaining the premises, and maintenance records and witnesses were no longer available.
The motion to set aside the dismissal was dismissed.
