Practice
Judgments and Orders
Reversal or Variation
Appeal from orders of prothonotary extending time for cross-examinations in two applications to expunge trade-mark “Stenner”—Respondent arguing prothonotary erred in not giving written reasons when granting extension, in not reserving judgment, right to provide written reasons but providing written reasons after appeal filed— Order not effective until endorsed in writing: Federal Courts Rules, SOR/98-106, r. 392—Orders made by prothonotary extending time, ordering costs discretionary orders, should not be disturbed unless clearly wrong—Prothonotary applying appropriate test for extension of time—Not exercising discretion based on wrong principle, misapprehension of facts—Not clearly wrong in exercise of discretion with respect to award of costs—Appeal dismissed.
CIBC World Markets Inc. v. Stenner Financial Services Ltd. (T-2216-07, T-2217-07, 2008 FC 621, Zinn J., order dated May 16, 2008, 18 pp.)