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Court moves to simplify standard of review for prothonotary orders

Thursday, September 29, 2016 @ 8:00 PM | By Kim Arnott

Intellectual property lawyers are welcoming a move by the Federal Court of Appeal to change and simplify the standard of review applicable to discretionary orders made by prothonotaries.

In Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology 2016 FCA 215, a rare five-judge panel of the court unanimously set aside a standard of review it enunciated more than two decades ago in favour of the more current standard established by the Supreme Court of Canada in Housen v. Nikolaisen 2002 SCC 33.

Authored by Justice Marc...