Enoch Band of Stony Plain Indians Reserve No. 135 v. Canada
T-2330-75
Campbell J.
26/7/96
4 pp.
Prothonotaries-Appeal from Prothonotary's decision on motion to strike out paragraphs of plaintiff's reply-Standard of review applicable to Prothonary's decisions as set out by Isaac C.J. in Canada v. Aqua-Gem Investments Ltd., [1993] 2 F.C. 425 (C.A.): should be disturbed only when clearly wrong (based on wrong principle or misapprehension of facts) or when prothonotary improperly exercising discretion on question vital to final issue of case-High degree of respect to be accorded to decisions of prothonotaries-Prothonotary's decision herein thoughtful, denoting attempt to be scrupulously fair to all concerned-Standard of review referred to above met-Appeal dismissed.
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