The plaintiffs moved to reinstate an action that had been dismissed following a status notice process under the Rules of Civil Procedure.
The court considered the applicable reinstatement principles from Reid v. Dow Corning and the Faris test, including whether the delay was adequately explained and whether prejudice resulted.
The court found the plaintiffs failed to justify delay and failed to demonstrate absence of prejudice, particularly given the death of a key defendant whose evidence had not been preserved.
Settlement discussions and procedural missteps, including bringing the motion improperly and failing to advance the action, weighed against reinstatement.
The action against the remaining corporate defendant was dismissed with costs.
