ELBOW RIVER MARKETING LIMITED PARTNERSHIP v CANADA CLEAN FUELS INC, 2011 ABQB 321
6.14: Appeal from master’s judgment or order
The Applicant appealed the Master’s Decision granting Summary Judgment. Pursuant to Rule 6.14, an Appeal from a Master’s Decision is on the record and the standard of review is “overriding and palpable error” in respect of factual determinations, and “correctness” in regard to questions of law.
During the course of the Appeal, the Applicant sought to introduce new evidence in accordance with Rule 6.14(3). In reaching its Decision to allow the Appeal, the Court did not consider the new evidence, holding that new evidence which a party purports to advance on Appeal must be “new and significant”. Further, Tilleman J. found that in order for new evidence to be significant “it would have to be prominent and noteworthy enough that it would have influenced or affected the Master’s decision”.View CanLII Details