What is the current state of the law on appeal from a Master's decision?
Ontario, Canada
The following excerpt is from BNP Paribas Bank (Canada) v. Donald S. Bartlett Investments Limited, et al., 2011 ONSC 6902 (CanLII):
It is important to recognize at the outset that the approach set out in Housen v. Nikolaisen applies to appellate review of a Master’s decision. An appeal from the decision of a Master is not a hearing de novo. An appellate court may interfere only if the Master (i) made an error of law; (ii) exercised his or her discretion on the wrong principles; or (iii) misapprehended the evidence such that there is a palpable and overriding error.[1] Palpable and overriding errors include a finding not reasonably supported by the evidence or a failure to appreciate relevant evidence.[2]
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