Samsonite Canada Inc. v. Bentley Leather Inc.
T-789-92
Joyal J.
2/12/92
2 pp.
Whether Associate Senior Prothonotary went beyond fields of inquiry set out in R. 419 -- Court having discretion to look at whole pleading and, absent prejudice to any party, to make such order in respect of pleading as will advance cause and avoid multiplicity of proceedings relating to same subject-matter -- Associate Senior Prothonotary had to consider RR. 408, 415 in applying R. 419 -- Defendant's notice of appeal not out of time -- Delays for appeal commence date of filing, not date of order -- Notice of appeal constituting proper notice only after formal order issued -- Verbal motion to extend time to file notice of appeal allowed -- Federal Court Rules, C.R.C., c. 663, RR. 5, 408, 415, 419.
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