The appellant appealed a motion judge's order upholding a registrar's dismissal of his action for delay.
The appellant argued the motion judge erred in assessing the explanation for the delay, inadvertence, and prejudice, and failed to prioritize determining claims on their merits.
The Court of Appeal dismissed the appeal, finding the motion judge applied the correct legal principles and made no palpable and overriding factual errors.
The motion judge properly found the appellant failed to adequately explain the delay, failed to show the delay was due to inadvertence, and failed to rebut the presumption of prejudice, noting actual prejudice due to the loss of key evidence.
