Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal?
Ontario, Canada
The following excerpt is from Cote v. Rooney, 1982 CanLII 3288 (ON SC):
In Overholt v. Williams, [1958] O.W.N. 422, King J. was of the opinion that neither the master nor the judge in chambers, upon appeal from the master, should refuse leave to amend where to do so it first became necessary to determine difficult matters of fact or of law. All such matters should be left to be determined by the trial judge.
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