The plaintiff moved under Rule 37.14 to set aside a registrar’s second dismissal order for delay in an action arising from alleged workplace exposure, disability benefits denial, wrongful dismissal, and negligence claims.
Applying the Reid four-factor framework, the court found the plaintiff failed to adequately explain the overall delay and failed to establish inadvertence in missing the court-imposed deadline, although the motion was brought promptly.
The court nevertheless held there was neither presumptive nor actual prejudice to the opposing defendants, emphasizing the extensive documentary production, early notice of the claim, and the absence of evidence of lost documents or impaired witnesses.
Taking a contextual approach, the court concluded it was just to restore the action subject to a strict timetable, while awarding costs to two opposing defendants.
