The plaintiff moved under r. 37.14 of the Rules of Civil Procedure to set aside a registrar’s order dismissing its action for delay under r. 48.14.
The court reviewed the contextual approach articulated by the Court of Appeal in Scaini v. Prochnicki and considered the four Reid criteria: explanation for delay, intention to proceed to trial, promptness of the motion, and prejudice to the defendants.
Although the plaintiff failed to provide a fully satisfactory explanation for lengthy litigation delay largely attributable to counsel’s inattention, the evidence demonstrated that the plaintiff intended to pursue the action and brought the motion promptly once the dismissal was discovered.
The court found no significant litigation prejudice to the defendants arising from the delay.
Balancing the interests of the parties, the registrar’s dismissal order was set aside subject to a timetable and a costs award to the defendants.
