The plaintiffs moved to set aside a registrar's order dismissing their motor vehicle accident action as abandoned.
The action was commenced on the eve of the limitation period expiring, but the statement of claim was never served on the defendant despite the insurer providing the defendant's address multiple times.
The court applied the contextual approach and the Reid factors, finding that the plaintiffs failed to provide a satisfactory explanation for the delay, missed the deadline through inexcusable inadvertence, and delayed in bringing the motion.
Furthermore, the court found actual and presumed prejudice to the defendant due to the passage of time and loss of evidence.
The motion was dismissed.
