What is the test for a second dismissal of an action?
Ontario, Canada
The following excerpt is from Factory Outlet Car Sales and Leasing Inc. (KW Kia) v Clarke L. Melville Law Firm, 2015 ONSC 6084 (CanLII):
In the case of Troung v. City of Toronto 2015 ONCA 3509, the learned Master set aside a second dismissal of an action due to delay, “where a reasonable, if imperfect, explanation had been proffered” and there was “undue reliance on administrative staff”.
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