The plaintiff brought a motion to set aside a Registrar's order dismissing the action for delay.
The underlying action arose from a rear-end motor vehicle accident.
The court applied the Reid factors, finding that while the plaintiff's counsel failed to move promptly to set aside the dismissal order, the plaintiff had adequately explained the initial delay and the defendant suffered no significant prejudice.
The court concluded that the balance of justice favored the plaintiff and ordered the action restored.