Wednesday, October 16, 2013

Deference to Masters

2189205 Ontario Inc. v. Springdale Pizza Depot Ltd., 2013 ONCA 626 holds that deference is owed to Masters making findings of fact:

[8]          The Master was the primary finder of fact. Provided his findings of fact were reasonable and rooted in the available evidence, the reviewing judge, as Lederman J. recognized, was bound to accord those findings deference. The Master and reviewing judge were well aware of the deficiencies alleged in the respondents' proof. The findings made are grounded in the evidence, untainted by any misapprehensions, errors in principle, or palpable and overriding errors.

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