The plaintiff brought a motion to set aside a second registrar's dismissal order for delay.
The court applied the Reid factors and the Scaini contextual approach.
The court found that the plaintiff failed to adequately explain the litigation delay, which spanned almost three years, and failed to lead evidence to rebut the presumption of prejudice to the defendant given the expiry of the limitation period.
Although there was some evidence of inadvertence in missing the deadline, the motion was dismissed.
