The plaintiffs brought a motion to extend the date by which their defamation action must be set down for trial, after failing to meet a consent timetable order due to an overlooked mandatory mediation requirement.
The court treated the motion similarly to one setting aside a registrar's dismissal order and applied the Reid factors.
Finding that the delay was adequately explained, the failure to set down was inadvertent, the motion was brought promptly, and the defendants suffered no actual prejudice, the Master granted the extension.
No costs were awarded as the plaintiffs required an indulgence from the court.