Is prejudice a "key consideration" on a motion to set aside a dismissal order?
Ontario, Canada
The following excerpt is from 10782343 Canada Limited v. St. Andrew Goldfields, 2019 ONSC 6478 (CanLII):
The issue of prejudice "invariably is a key consideration on a motion to set aside a dismissal order": Finlay v. Van Paassen (2010), 101 O.R. (3d) 390, [2010] O.J. No. 1097, 2010 ONCA 204, at para. 28. While an action may be dismissed even in the absence of prejudice (see 1196158 Ontario Inc. v. 6274013 Canada Ltd. (2012), 112 O.R. (3d) 67, [2012] O.J. No. 3877, 2012 ONCA 544, at para. 32), in most cases, the question of prejudice figures largely in determining whether to set aside a dismissal for delay.
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