What is the effect of a prothonotary’s order in striking off a plaintiff?

Nova Scotia, Canada


The following excerpt is from Hiscock v. Pasher, 2008 NSCA 101 (CanLII):

It is clear that the issuance of the prothonotary’s order is entirely administrative. It is not a decision on the merits of the case or based on any evidence concerning the intentions of the plaintiff. The purpose of the Rule is to clear cases which have settled or have been abandoned from the docket. (See: Goodwin v. Rogerson, supra.,¶ 19) The purpose of an appeal from the Rule 28.11 order must be to allow the court to reassess the situation in a case where some error has resulted in a striking-off where the plaintiff did not intend to abandon the case.

Other Questions


What is the effect of a prothonotary’s order to strike a case off the docket? (Nova Scotia, Canada)
What is the effect of a motion to strike or strike portions of an affidavit from a party in a civil matter? (Nova Scotia, Canada)
What is the effect of a judge’s order for a solicitor to obtain an injunction against the solicitor in a civil matter? (Nova Scotia, Canada)
What is the impact of a recent decision in a family law case in which a husband has been ordered to pay his ex-wife’s life insurance in order to get a beneficial interest in his life insurance policy? (Nova Scotia, Canada)
Can a Master Order prevent a Plaintiff from withdrawing an Affidavit? (Nova Scotia, Canada)
Are there any cases where a court has found that a husband who has been ordered to pay a fine under an equalization order is a post-bankruptcy debt? (Nova Scotia, Canada)
What is the test for a variation of an order where a party is seeking to change the existing order? (Nova Scotia, Canada)
Is a plaintiff’s litigation plan and certification order relevant to common issues? (Nova Scotia, Canada)
What is the effect of an order binding parties? (Nova Scotia, Canada)
What is the test to vary the current order under section 65 of the National Statutory Review Order? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.