The plaintiffs brought a motion to set aside a Registrar's order dismissing their action for delay, which had been issued over six years prior.
The court applied the four-factor test from *Reid v. Dow Corning Corp.* to determine whether to exercise its discretion to set aside the dismissal.
While the court found that the plaintiffs provided a reasonable explanation for the delay, largely due to their former lawyer's inaction and alleged misrepresentations, it concluded that the lawyer's conduct amounted to more than mere inadvertence and potentially negligence.
Ultimately, the court prioritized the principle of finality in litigation and the defendants' right to rely on the long-standing dismissal, especially given the plaintiffs' potential alternative remedies against their former counsel.
The motion to set aside the dismissal was dismissed.
