HOME TRUST v ROBINSON, 2011 ABQB 480
6.14: Appeal from master’s judgment or order
The Plaintiff appealed from the Master’s Decision to continue a property listing for additional days at a certain price in a residential foreclosure Action. During the Appeal, pursuant to Rule 6.14(3) and (7), Lee J. directed that a further Affidavit be submitted by the listing realtor to allow the Court to determine whether the alleged inaccuracies which the Plaintiff argued existed in the Defendant’s evidence did in fact exist.
The Court held that the applicable test under the new Rules for an Appeal from Masters to Justice was as set out in Lee v Le Page, 2010 ABQB 829. In applying the test set out in Lee v Le Page, and reviewing the additional Affidavit evidence admitted pursuant to Rule 6.14(3) and (7), the Court held that the Appeal should be granted and directed that the listing price be reduced as sought by the Plaintiff.View CanLII Details