Does the failure to serve a notice of motion to set aside a dismissal order constitute a two year delay?

Ontario, Canada


The following excerpt is from Sokoloff v. Bateriwala, 2019 ONSC 5442 (CanLII):

The same can be said on the facts of this case. While there are cases where a two year delay was accepted by the court, it was in the context of an action where the court was able to conclude that the lawsuit had been proceeding reasonably promptly (Finlay v. Van Paassen 2010 ONCA 204 at paragraph 29). That is not the case here. The failure to serve a notice of motion for almost nine months after receiving the dismissal order is consistent contextually with the delay that led up to the dismissal. On the facts before me, I am not satisfied that the plaintiffs moved promptly to set aside the dismissal order. Have the plaintiffs rebutted the presumption of prejudice?

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