GRAHAM CONSTRUCTION AND ENGINEERING INC v ALBERTA (INFRASTRUCTURE), 2021 ABQB 184
6.14: Appeal from master’s judgment or order
The Appellant, Graham Construction and Engineering Inc., appealed an Order of a Master regarding the priority of which parties were to be distributed funds for unpaid invoices on a construction project pursuant to the Public Works Act, RSA 2000, c P-46 (the “Act”). The Master had determined that the Appellant had the second priority for payment under the Act.
Justice Inglis noted that the standard of review for an Appeal of a Master’s Decision is correctness on all issues, in accordance with Rule 6.14. Justice Inglis also noted that an Appeal from a Master’s Decision is a de novo hearing, and that deference is not owed.
Her Ladyship found “those that have a claim and follow the notice provisions have a priority claim and there is no subsequent, secondary, priority” contrary to the Master’s Decision on that point. As a result, Justice Inglis held that the Master’s Decision was an incorrect interpretation of the Act, and the Appeal was granted on that basis.View CanLII Details