What is the test for a motion to restore an action to the trial list?
Ontario, Canada
The following excerpt is from S.I.A.S.I. v. Teplitsky, 2018 ONSC 1107 (CanLII):
The plaintiffs’ motion to restore the action to the trial list is brought under r.48.11. The parties agree that to succeed on their motion, the plaintiffs must meet the two-part test set out in Nissar v. Toronto Transit Commission[3]. The two-part “Nissar” test is: i) that there is an acceptable explanation for the delay in the litigation; and ii) that if the action was allowed to proceed, the defendants would suffer no non-compensable prejudice. Is there an acceptable explanation for the delay in the litigation?
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