PRACTICE |
References |
Society of Composers, Authors and Music Publishers of Canada v. 960122 Ontario Ltd.
T-1874-00
2002 FCT 985, Blanchard J.
19/9/02
7 pp.
Judgment dated April 2, 2001 in favour of plaintiff providing that, upon application plaintiff entitled to ex parte reference hearing which could be held without notice to defendants--Order dated May 10, 2002 entitling plaintiff to ex parte reference--Order of Prothonotary setting date for hearing of reference and ordering service on defendants of copy of order and any affidavit evidence plaintiff intending to rely on at hearing--Appeal of Prothonotary's order dismissed --Plaintiff appealing under Federal Court Rules, 1998, rr. 50, 51--Prothonotary designated as referee--R. 51 dealing with appeals from orders of prothonotaries not applicable to order of referee--No appeal lies from interlocutory order of referee --Referee has same power, authority in matters of practice, procedure as would judge: Federal Court Rules, 1998, r. 159(1)--Referee not exceeding authority and acting within scope of Court order setting reference--Effect of referee's order could trigger application by defendants seeking motion to vary order and allow defendants to participate in reference --Order preventing adverse party from fully participating in legal proceeding should be construed narrowly--Every effort should be made to advance principle of audi alteram partem --No reviewable error--Federal Court Rules, 1998, SOR/98-106, rr. 50 (as am. by SOR/2002-417, s. 8), 51, 159(1).