Is a defendant bound to a prothonotary opinion or must retry the matter de novo?
Canada (Federal), Canada
The following excerpt is from Tremblay v. Canada (Attorney General), 1999 CanLII 8909 (FC):
The defendant agreed, in accordance with Canada v. Aqua-Gem Investments Ltd., 1993 CanLII 2939 (FCA), [1993] 2 F.C. 425 (F.C.A.), that I am not bound by the prothonotary"s opinion and must retry the matter de novo since the decision by the prothonotary is a discretionary one and the question decided by him has a decisive influence on the outcome of the points at issue in the two motions.
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