The plaintiffs moved to set aside a registrar’s order dismissing their motor vehicle accident action as abandoned under Rule 48.15 of the Rules of Civil Procedure.
The court applied the four-factor test governing motions to set aside dismissal orders, including explanation for delay, inadvertence, promptness in bringing the motion, and prejudice to the defendants.
The court found repeated and unexplained litigation delays, inadequate explanations for missed deadlines, and a failure to bring the motion promptly after the dismissal came to counsel’s attention.
A presumption of prejudice arose because the limitation period had expired and important pre‑accident medical evidence was potentially unavailable due to late production of OHIP summaries.
Balancing the factors, the court held that the plaintiffs failed to satisfy the Reid criteria and declined to set aside the dismissal order.
