What is the appropriate test for setting aside a dismissal of an action pursuant to rule 77.08?
Ontario, Canada
The following excerpt is from Lai v. Williams, 2005 CanLII 41543 (ON SCDC):
The appropriate test for setting aside the Registrar’s dismissal of the action pursuant to rule 77.08 is also derived from Hudon v. Colliers, supra. In summary, the court should permit the Registrar’s dismissal to stand only where the default has been intentional and contumelious or where there has been inordinate and inexcusable delay giving rise to a substantial risk that a fair trial would not be possible or where there would be serious prejudice to the Defendant if the action were not dismissed.
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