What is the law relating to motions for an order setting aside an administrative dismissal order?
Ontario, Canada
The following excerpt is from Atlantic Wind and Solar Inc. et. al., 2014 ONSC 6564 (CanLII):
The law relating to motions for an order setting aside an administrative dismissal order is summarized in my decision in Ribeiro v. Lipson, 2014 ONSC 665 (Master) (CanLII) at paragraphs 9-12. Four factors are of central importance. The court must consider the explanation for the delay, whether the deadline was missed due to inadvertence, any delay in bringing the motion to set aside the dismissal order and prejudice to the defendant. I have considered and applied those factors and the other principles set out in Ribeiro. In my view, it is just that the dismissal orders be set aside.
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