Can a discretionary order of Prothonotary Lafrenière be appealed on appeal?

Canada (Federal), Canada

The following excerpt is from Khan v. Canada (Minister of Citizenship and Immigration), 2001 FCT 1072 (CanLII):

As stated in Her Majesty the Queen v. Aqua-Gem Investments Ltd. 1993 CanLII 2939 (FCA), [1993] 2 F.C. 425 (F.C.A.). discretionary orders of prothonotaries ought not to be disturbed on appeal to a judge unless: 1) 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 2) they raise questions vital to the final issue of the case. In such cases the judge ought to exercise his own discretion de novo. This case falls within the second exception and so I must exercise my own discretion de novo. The facts of this case are set out in the three paragraphs on page 2 of the Order of Prothonotary Lafrenière.

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