Marginal note:De novo review

44.1 For greater certainty, an application under section 41 or 44 is to be heard and determined as a new proceeding.

Marginal note:Hearing in summary way

45 An application made under section 41 or 44 is to be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act.