KYDD v ABOLARIN, 2011 ABQB 690

MACKLIN J

6.14: Appeal from master’s judgment or order

Case Summary

This was an Appeal from a Master’s Decision to grant an Application by the Plaintiff to Amend the Statement of Claim. In determining the proper standard of review, Macklin J. stated that Rule 6.14 provides that an Appeal from a Master’s Decision is on the record. Macklin J. further stated that the standard for review of a question of law is correctness, whereas the standard for facts or factual inferences is reasonableness. In instances of a mixed question of fact and law where the principle of law can be extricated from the question, the standard of review on the principle of law is correctness. Macklin J. relied on the case of Janvier v 834474 Alberta Ltd, 2010 ABQB 800. The Appeal was dismissed.

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