T. Wilson (Student-at-Law)

Following an earlier order setting aside a registrar’s dismissal of the plaintiffs’ action on terms, the court determined the costs payable for the motion.

Although the plaintiffs were granted relief reinstating the action, the court ordered them to pay the defendants’ costs due to prolonged delay and neglect in prosecuting the claim.

The defendants sought more than $8,000 in fees and disbursements.

The court found the claim reflected excessive lawyering and unreasonable time spent on a relatively straightforward motion.

Applying the partial indemnity approach and the principle that costs must be fair and reasonable rather than equal to actual legal fees, the court substantially reduced the amount payable.

The plaintiffs moved to set aside a registrar’s dismissal order issued after the action had remained dormant for several years following discovery.

They argued they never received the status notice or dismissal notice and explained the delay by financial hardship, business failures, and personal obligations while self‑represented.

The court applied the contextual approach endorsed in appellate authority governing motions to set aside dismissals for delay, considering explanation for delay, inadvertence, promptness of the motion, and prejudice.

Although the plaintiffs’ prolonged inactivity and failure to prosecute the action weighed heavily against them, the absence of evidence that notice of the status notice or dismissal order had been provided raised concerns of procedural fairness.

Balancing the interests of finality with the preference for adjudicating disputes on their merits, the court set aside the registrar’s dismissal order on strict terms requiring immediate procedural steps and costs payable to the defendants.