The plaintiff moved to set aside a registrar’s order dismissing an action as abandoned, extend time for service of the statement of claim, and amend the claim to include a claim for accident benefits.
The court applied the contextual approach outlined by the Court of Appeal regarding Rule 37.14 motions and considered factors such as explanation for delay, promptness in bringing the motion, and prejudice to the defendants.
The court found the delay in serving the claim was minimal and attributable to the plaintiff being unrepresented while attempting to retain counsel.
The plaintiff did not receive the dismissal notice due to a court addressing error and moved promptly once aware of the dismissal.
As no actual prejudice to the defendants was demonstrated, the registrar’s dismissal order was set aside and the amendment permitted.
