What is the standard of review for a final order of the Master?

It is common ground that based on Hudon v. Colliers Macaulay Nicholls Ltd., [2001] O.J. No. 1588 (Div. Ct.), the standard of review with respect to a final order of the Master which involves the exercise of discretion is that this court may substitute its own discretion for that of the master with due deference to the Master’s view.

The appropriate test for setting aside the Registrar’s dismissal of the action pursuant to rule 77.08 is also derived from Hudon v. Colliers, supra. In summary, the court should permit the Registrar’s dismissal to stand only where the default has been intentional and contumelious or where there has been inordinate and inexcusable delay giving rise to a substantial risk that a fair trial would not be possible or where there would be serious prejudice to the Defendant if the action were not dismissed.