The plaintiff brought a motion to set aside a registrar’s order dismissing an action as abandoned under Rule 76.06(2) of the Rules of Civil Procedure.
The court applied the contextual test including the factors identified in Reid v. Dow Corning Corp to determine whether the dismissal should be set aside.
The moving party failed to provide adequate evidence explaining significant delays in bringing the motion and did not sufficiently address potential prejudice to the defendant, particularly given the age of the underlying incident and the procedural history of the matter.
The court found that the explanations provided, including issues relating to counsel’s suspension and communication difficulties, were insufficient.
The motion was dismissed and costs were awarded to the defendant.
