What is the standard of review applied by a motions judge to a discretionary order of a prothonotary?

Canada (Federal), Canada

The following excerpt is from SAVARD v. Canada (Attorney General), 2002 FCT 524 (CanLII):

The test established by the case law that applies when reviewing a discretionary decision of a prothonotary was laid down by MacGuigan J.A., writing for the majority in Canada v. Aqua-Gem Investments Ltd., 1993 CanLII 2939 (FCA), [1993] 2 F.C. 425 (F.C.A.), who stated at pages 462 and 463: Page: 2 I also agree with the Chief Justice in part as to the standard of review to be applied by a motions judge to a discretionary decision of a prothonotary ... discretionary orders of prothonotaries ought not to be disturbed on appeal to a judge unless: (a) they are 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, or (b) in making them, the prothonotary improperly exercised his discretion on a question vital to the final issue of the case. Where such discretionary orders are clearly wrong in that the prothonotary has fallen into error of law (a concept in which I include a discretion based upon a wrong principle or upon a misapprehension of the facts), or where they raise questions vital to the final issue of the case, a judge ought to exercise his own discretion de novo.

Other Questions


In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Does a motion to review the denial of the motion to reopen have jurisdiction to review that order? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Can a federal judge review a discretionary order by the Attorney General withholding or suspending deportation? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Are there any differences in the standard of review between a motion to withdraw a guilty plea and the findings of fact supporting the motion? (MultiRegion, United States of America)
Can a judge order a motion to vacate an order that would have prevented a plaintiff from obtaining access to a medical malpractice clinic? (MultiRegion, United States of America)
What is the standard of review of an order by a prothonotary? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.