The plaintiff moved under Rule 37.14 of the Rules of Civil Procedure to set aside a registrar’s administrative dismissal of the action for delay and to establish a new litigation timetable.
The underlying dispute involved alleged breach of a verbal joint venture agreement relating to software development and claims for accounting, ownership interests, breach of contract, fiduciary duty, defamation, and interference with economic relations.
Applying the Reid factors and the contextual approach outlined in Hamilton (City) v. Svedas Koyanagi Architects Inc. and Vogrin v. Ticknor Estate, the court considered the explanation for delay, inadvertence in missing the set-down deadline, promptness of the motion, and prejudice.
Although the evidentiary record explaining delay and inadvertence was weak, the court found the motion was brought sufficiently promptly and that the defendants had not demonstrated actual prejudice.
Balancing the interests of resolving cases on their merits against timely litigation, the court set aside the dismissal and imposed a strict litigation timetable.
