In what circumstances will a judge be able to substitute his or her own decision on a rehearing of a Master's decision?
British Columbia, Canada
The following excerpt is from Vickram v Samji, 2019 BCSC 594 (CanLII):
In the alternative, if the decision is one of mixed fact and law, the Master was clearly wrong, and as the interlocutory ruling raises questions vital to the final issue of the case, a rehearing in which the judge appealed to may substitute his own discretion for that of the master is appropriate (Stoicevski v. Casement, 1983 CanLII 1679 (Ont. CA).
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