The plaintiff moved under subrules 37.14(1)(c) and (2) of the Rules of Civil Procedure to set aside a registrar’s order dismissing the action for delay.
Applying the four‑factor test from Reid v. Dow Corning Corp., the court found the plaintiff failed to provide a satisfactory explanation for the litigation delay but established that the missed trial‑set‑down deadline resulted from inadvertence, that the motion to set aside was brought within a reasonable time, and that the defendants failed to demonstrate actual prejudice arising from the delay.
Considering the contextual approach endorsed in appellate authority, the court concluded that the absence of material prejudice justified setting aside the dismissal despite the plaintiff’s shortcomings.
The action was reinstated subject to directions requiring prompt filing of the trial record and completion of mediation, and the plaintiff was ordered to pay the responding defendants’ costs.
