The plaintiffs brought a motion to set aside a Registrar's order dismissing their motor vehicle accident tort claim for delay.
The delay was primarily caused by the plaintiffs' former counsel focusing on statutory accident benefits claims and mistakenly believing the defendant had been noted in default.
The court applied a contextual approach, finding the delay was adequately explained, resulted from counsel's inadvertence, and caused no actual prejudice to the defendant.
The motion was granted and the dismissal order was set aside.
