SOUTHFORT DEVELOPMENT CORPORATION v 1491888 ALBERTA LTD, 2015 ABQB 457
5.2: When something is relevant and material
6.14: Appeal from master’s judgment or order
The Defendant, 1491888 Alberta Ltd., appealed to set aside a Master’s Order confirming judicial sale of a property and vesting of title in the property. The Master also gave the Defendant the opportunity to redeem the property by staying the Order confirming the sale for a specified period of time. The Defendant appealed.
The Defendant sought to introduce new evidence in support of their Appeal that showed that they were able to redeem the property relatively quickly. Veit J. considered Rule 6.14(3) which lays out the test for introducing new evidence when a Justice hears an Appeal of a Master’s Decision. Justice Veit stated that, pursuant to Rule 6.14(3), the Court may hear new evidence in an Appeal from a Master if they believe that it is relevant and material. The test for relevance and materiality is set out in Rule 5.2(1).
Veit J. determined that materiality refers to weight, and while the new evidence of the Appellants was relevant, it was not material. Therefore, Her Ladyship concluded that the Appeal could not be based on the Defendant’s new evidence. The Appeal was dismissed and the judicial sale and vesting was allowed.View CanLII Details