The Corporation of the City of Ottawa moved to set aside a Registrar's order dismissing its action for delay and to reinstate the action.
The motion was opposed by some third parties.
The court applied the test for setting aside a dismissal order for delay, finding that the City provided a satisfactory explanation for the delay, consistently intended to prosecute the action, and acted promptly to address the dismissal.
The court also determined that the opposing parties would not suffer significant prejudice from the reinstatement.
The motion was granted, reinstating the main action and automatically reviving derivative third-party claims.
