The plaintiff brought a motion under Rule 37.14 of the Rules of Civil Procedure to set aside a registrar’s administrative dismissal of a personal injury action for delay.
The court reviewed the contextual factors governing reinstatement of dismissed actions, including promptness of the motion, explanation for delay, inadvertence, abandonment of the claim, and prejudice to the defendants.
Although the explanations for litigation delay were weak, the court found evidence that the plaintiff continued to pursue the action through efforts to answer undertakings and had not abandoned the claim.
The defendants’ evidence of prejudice, including alleged fading memories, was found to be vague and insufficient to outweigh the interests of justice in determining the matter on its merits.
The registrar’s dismissal order was therefore set aside and the action permitted to proceed subject to an expedited timetable.
