What is the test on a motion to set aside an administrative dismissal order?
Ontario, Canada
The following excerpt is from Sandham v. Shred-It International Inc., 2019 ONSC 6494 (CanLII):
The test on a motion to set aside an administrative dismissal order is summarized in my decision in Lippa v. Advanced Software Concepts Inc., 2019 ONSC 1873 at paragraphs 10 to 14. The onus is on the plaintiff. While the court must consider all relevant factors, 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 a defendant in presenting its case at trial or as a result of reliance on the finality of a dismissal order.
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