In MDM Plastics Limited v Vincor International Inc., 2015 ONCA 28, the Ontario Court of Appeal had to decide whether the Divisional Court judge was correct in setting aside a dismissal order. The plaintiff commenced an action against the defendant in February 2009. In July 2011, the registrar dismissed the action for delay. The defendant consented to the plaintiff setting aside the dismissal order. Several months later, the registrar again ordered a dismissal for delay.
When Setting Aside a Dismissal Order, the Question of Prejudice is Crucial
September 2015
Kelly Santini LLP, Ontario
