ALBERTA TREASURY BRANCHES v VALERIO, 2011 ABQB 580

ROSS J

1.2: Purpose and intention of these rules
6.14: Appeal from master’s judgment or order

Case Summary

This was an Application to set aside an award of solicitor-client costs.  Ross J. found the Master’s decision to award costs was reasonable, but that the amount of the costs awarded was unreasonable.  In determining whether Her Ladyship  could substitute Her Ladyship’s discretion for the Master’s, Ross J. stated that Appeals from a Master’s decision are now on the record in Alberta, and a review of the experience of other jurisdictions was warranted to help determine the issue.  Following Her Ladyship’s review, Ross J. held that it is appropriate for a superior court judge to substitute his/her discretion for that of a Master, if the findings of the Master are wrong in law or not supported by the evidence.  Ross J. further held that, apart from precedent, it was appropriate under Rule 1.2(2) to substitute Her Ladyship’s discretion for the Master’s, as it was more cost effective and timely than to send the parties back to Masters’ Chambers for another hearing on the same issue.

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