Shannon Puddister

The plaintiffs brought a motion to set aside an administrative dismissal of their solicitor’s negligence action under Rule 48.14 of the Rules of Civil Procedure.

The court applied the contextual approach and considered the Reid factors, including explanation for delay, inadvertence in missing the deadline, promptness of the motion, and prejudice to the defendant.

The delay in setting the action down for trial was attributed primarily to inadvertence arising from a medical emergency affecting counsel’s administrative assistant responsible for the office tickler system.

The court found no significant prejudice to the defendants and determined that the litigation had otherwise progressed toward trial.

In the interests of justice, the administrative dismissal was set aside and the action ordered to be set down for trial.

The plaintiffs moved to reinstate an action that had been dismissed following a status notice process under the Rules of Civil Procedure.

The court considered the applicable reinstatement principles from Reid v. Dow Corning and the Faris test, including whether the delay was adequately explained and whether prejudice resulted.

The court found the plaintiffs failed to justify delay and failed to demonstrate absence of prejudice, particularly given the death of a key defendant whose evidence had not been preserved.

Settlement discussions and procedural missteps, including bringing the motion improperly and failing to advance the action, weighed against reinstatement.

The action against the remaining corporate defendant was dismissed with costs.