The plaintiffs brought a motion to set aside a Registrar's Order dismissing their action for delay.
The action arose from an unpaid loan of $36,300 allegedly secured by a second mortgage handled by the defendant lawyer.
The plaintiffs experienced multiple issues with their legal representation, leading to the dismissal.
Applying the four-part test from Reid v. Dow Corning Corp., the court found the plaintiffs' explanation and promptness tenuous but prioritized the litigants' rights over their counsel's conduct.
Finding no significant prejudice to the defendant, the court set aside the dismissal on strict terms and awarded costs to the defendant in the cause.
