Can a Prothonotary order be disturbed on appeal?
Canada (Federal), Canada
The following excerpt is from Simpson Strong-Tie Company v. Peak Innovations Inc., 2009 FC 392 (CanLII):
Discretionary orders of Prothonotaries ought not to be disturbed on appeal unless they are clearly wrong in the sense that the exercise of discretion was based on a wrong principle or misapprehension of the facts or that they raise questions vital to the final issue of the case. Canada v. Aqua-Gem Investments Ltd., 1993 CanLII 2939 (FCA), [1993] F.C.J. No. 103 (F.C.A.)
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