What is the effect of a prothonotary’s order to strike a case off the docket?
Nova Scotia, Canada
The following excerpt is from Hatfield v. Worth, 2014 NSSC 194 (CanLII):
It is clear that the issuance of the prothonotary’s order is entirely administrative. It is not a decision of the merits of the case or based upon 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, para 19). The purpose of an appeal from the Rule 28.11 order must be to allow the court to assess the situation in a case where some error has resulted in a striking off where the plaintiff did not intend to abandon the case.
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