What is the standard of review in appeals from decisions of masters of the court?
British Columbia, Canada
The following excerpt is from Joubarne v. Sandes, 2009 BCSC 1413 (CanLII):
The parties are ad idem as to the general rule respecting the standard of review in appeals from decisions of masters of the court. That was succinctly articulated by Macdonald J. in Abermin v. Granges, 1990 CanLII 1352 (BC SC), 45 B.C.L.R. (2d) 188 (S.C.). He said: …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.
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