6.14: Appeal from master’s judgment or order

Case Summary

A Master approved an offer to purchase two quarter sections of land, and the decision was Appealed. The Appellant obtained a copy of the transcript from the Master’s decision, but a copy was not forwarded to opposing counsel or put before the Court.

The Court held that Rule 6.14(4) requires that the record for the Appeal include a transcript of the proceedings before the Master, and the Master’s Judgment, unless the parties agree or the Justice hearing the Appeal rules that it is not necessary.

The Court was advised that there were no detailed reasons provided by the Master, so that deficiency was not fatal to the hearing of the Appeal. The Court held that although it would have been preferable to have the full proceedings before the Court, this was not a procedural deficiency that would bar the hearing of the Appeal.

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