Can a judge exercise his discretion de novo on an appeal from a prothonotary?
Canada (Federal), Canada
The following excerpt is from Richter Gedeon Vegyészeti Gyar Rt v. Apotex Inc., 1999 CanLII 7620 (FC):
Canada v. Aqua-Gem Investments Ltd., 1993 CanLII 2939 (FCA), [1993] 2 F.C. 425 stands for the proposition that, on an appeal from a prothonotary, where what is involved is a question vital to the final issue of a case, a judge ought to exercise his or her discretion de novo (see page 463). The parties agreed that a decision to dismiss or continue under Rule 382 is such a decision, and therefore a judge on appeal should exercise discretion de novo in these circumstances.
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