Appeals From Master’s Orders

Appeals From Master's Orders

In Abermin Corp. v. Granges Exploration Ltd. (1990), 45 B.C.L.R. (2d) 188, 42 C.P.C. (2d) 25 (S.C.), Mr. Justice MacDonald succinctly set out the scope of review on an appeal from a Master’s order.

He said at p. 31 [C.P.C.]:

An appeal from a Master’s order in a purely interlocutory matter should not be entertained unless the order was clearly wrong. However, where the ruling of the Master raises questions which are vital to the final issue in the case, or results in one of those final orders which a Master is permitted to make, a rehearing is the appropriate form of appeal. Unless an order for the production of fresh evidence is made, that rehearing will proceed on the basis of the material which was before the Master. In those latter situations, even where the exercise of discretion is involved, the Judge appealed to may quite properly substitute his own view for that of the Master.

16      The order under appeal is, in my view, final in nature, and accordingly the appeal should be considered a rehearing of the matter.