When will a registrar's dismissal order be set aside?
Ontario, Canada
The following excerpt is from Askaryar v. Toronto Police Services, 2014 ONSC 2900 (CanLII):
There is one additional factor which I consider to be highly relevant. The plaintiff and his lawyers never received the status notice from the registrar warning them that this action was at risk of dismissal. Once the plaintiff’s lawyers learned of the dismissal order, they moved promptly to have that order set aside. As Laskin J.A. observed in Finlay v. van Paassen at paragraph [16] of his reasons quoted above following paragraph [30] of these reasons, in this situation the interests of justice demand that the registrar’s dismissal order be set aside. That is the just order in the circumstances.
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