What is the test for a prothonotary order in an appeal?
Canada (Federal), Canada
The following excerpt is from Azouz v. Canada (Attorney General), 1999 CanLII 9232 (FC):
The parties agreed that the prothonotary"s order is discretionary and that the judge hearing the appeal should not intervene unless the order is "clearly wrong in the sense that the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts". This rule is set out in Canada v. Aqua-Gem Investments Ltd. , 1993 CanLII 2939 (FCA), [1993] 2 F.C. 425 (F.C.A.).
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