Can a motions judge hear an appeal from a decision rendered by a prothonotary?
Canada (Federal), Canada
The following excerpt is from Jazz Air LP v. Toronto Port Authority, 2006 FC 904 (CanLII):
A motions judge hearing an appeal from a decision rendered by a prothonotary is guided by the principles outlined in Canada v. Aqua-Gem Investments Ltd. 1993 CanLII 2939 (FCA), [1993] 2 F.C. 425, that discretionary orders of prothonotaries ought not to be disturbed on appeal unless they are clearly wrong, in the sense that the exercise of the discretion was based upon a wrong principle or misapprehension of the facts, or they raise questions vital to the final issue of the case.
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