The plaintiff moved to set aside a registrar's order dismissing a personal injury action as abandoned following prolonged delay after a motor vehicle accident claim.
Applying the Reid factors in a contextual analysis, the court found no adequate explanation for the litigation delay, no inadvertence, no prompt motion to set aside, and unrebutted presumed prejudice to the defence.
The evidence showed chronic file neglect, absence of any deadline-tracking system, repeated procedural missteps, and delayed involvement of indemnity counsel.
The motion was dismissed.
