The following excerpt is from Sport Maska Inc. v. Bauer Hockey Corp., 2016 FCA 44 (CanLII), [2016] 4 FCR 3:
There is no dispute between the parties that a prothonotary’s decision ought to be disturbed by a judge only where it is clearly wrong, in the sense that the exercise of discretion was based upon a wrong principle or a misapprehension of the facts. Consequently, in the present matter, we should not interfere with the Judge’s decision unless there were grounds justifying his intervention, or if he arrived at his decision on a wrong basis or was plainly wrong (Z.I. Pompey Industrie v. Ecu-Line N.V., 2003 SCC 27 (CanLII), [2003] 1 S.C.R. 450, at paragraph 18).
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