Motion to set aside dismissal for delay granted despite deliberate failure to file factum.
The applicant moved to set aside an administrative order dismissing his application for judicial review for delay.
The delay arose from the applicant's refusal to approve a factum drafted by his former counsel because it excluded facts he considered relevant, despite court orders and registrar notices.
Although the delay was deliberate and lacked a satisfactory explanation, the court set aside the dismissal order subject to a strict, short deadline for factum delivery to allow the matter to be determined on its merits.
