What criteria apply to setting aside a dismissal order as a regular action?
Ontario, Canada
The following excerpt is from Lanteigne v. Stevens, 2009 CanLII 37701 (ON SC):
This is a simplified procedure action. The same criteria apply to setting aside a dismissal order as a regular action. Rule 76 was not intended to oust the principles of the common law or deprive litigants of the right to have their claims determined (Hudon v. Colliers Macaulay Nicolls Inc. (2001), 147 O.A.C. (Div.Ct.)) Is there an explanation of the litigation delay?
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