The plaintiffs moved to set aside a registrar's order dismissing their action for delay.
The action had experienced significant delays, largely due to the chronic procrastination of the plaintiffs' counsel.
Despite finding the explanation for the delay inadequate, the court applied a contextual approach based on the Reid criteria.
The court found that the delay was not deliberate or contumacious, and the defendants failed to demonstrate significant prejudice resulting from the delay.
The motion was granted, the dismissal order was set aside, and the plaintiffs were granted an extension to set the action down for trial, but were ordered to pay $15,000 in costs to the responding defendants due to the indulgence granted.
