The plaintiff condominium corporation brought a motion to set aside a registrar's order dismissing its construction deficiency action for delay.
The action, which sought $5,000,000 in damages primarily related to elevator issues, was dismissed after the plaintiff inadvertently missed the set down deadline.
The court applied the test from H.B. Fuller Company v. Rogers, finding that the plaintiff adequately explained the delay, moved promptly to set aside the order, and demonstrated that the failure was inadvertent.
Crucially, the court found no significant prejudice to the defendants, as the case relied heavily on documentary evidence which had been preserved.
The motion was granted and the dismissal order was set aside.
