What is the standard of review of an order by a prothonotary?
Canada (Federal), Canada
The following excerpt is from Pfizer Canada Inc. v. Apotex Inc., 1999 CanLII 8371 (FC):
Upon review of the relevant jurisprudence I am unable to share Pfizer"s view of the matter. The seminal case on the question of standard of review of a prothonotary"s order is Canada v. Aqua-Gem Investments Ltd., 1993 CanLII 2939 (FCA), [1993] 2 F.C. 425, wherein MacGuigan J.A. set forth the following test at page 463:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review applied by a motions judge to a discretionary order of a prothonotary? (Canada (Federal), Canada)
What is the standard of review for a prothonotary's order in a personal injury case? (Canada (Federal), Canada)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
Does the presumption of reasonableness review automatically engage with correctness standards of review? (Canada (Federal), Canada)
What is the standard of review in the context of a judicial review? (Canada (Federal), Canada)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
