What is the standard of review in this appeal from a decision of the Prothonotary?
Canada (Federal), Canada
The following excerpt is from Alaska v. Persons Unknown, 1997 CanLII 5947 (FC):
It was agreed by both parties that the standard of review in this appeal from a decision of the Prothonotary is that the decision should not be disturbed unless it is clearly wrong, in the sense that the exercise of discretion was based upon a wrong principle or upon a misapprehension of the facts. Canada v. Aqua-Jem Investments Limited (1993), 1993 CanLII 2939 (FCA), 149 N.R. 273 at 295 (F.C.A.) Are the orders under appeal clearly wrong in that they were based upon a wrong principle?
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