What is the test for setting aside a registrar’s dismissal order under rule 77.08?
Ontario, Canada
The following excerpt is from Nunes v. Toronto (Police Service), 2004 CanLII 34936 (ON SC):
In a recent decision, Kassam v. Sitzer, [2004] O. J. No. 3431 Dash, M. exhaustively reviewed the law on the test for setting aside a registrar’s dismissal order made under rule 77.08. He concluded (at paragraphs 49 & 50) that there was an evidentiary burden on the plaintiff to explain the delay, both for the period between the time the statement of claim (or notice of application) was issued and the time the registrar dismissed the action and for the period between the dismissal and the date the motion was brought to set aside the dismissal order.
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