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Prevost v. Canada (Public Service Commission)

T-485-97

Pelletier J.

9/2/00

3 pp.

Application to set aside order of prothonotary dismissing applicant's claim on status review--Prothonotary not satisfied with explanation offered for delay in moving matter forward--Standard of review of decisions of prothonotary by judge set out in Canada v. Aqua-Gem Investments Ltd., [1993] 2 F.C. 425 (C.A.)--Whether prothonotary "has fallen into error" by applying wrong principles--Principles to be applied on status review set out in Baroud v. Canada (1998), 160 F.T.R. 91 (F.C.T.D.)--Counsel producing consent order in which counsel for applicant, counsel for respondent agreed order appealed from should be set aside--Consent of parties not displacing considerations underlying status review process--Application dismissed.

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