What is the test for successful appeal from a master’s decision or order on the ground of error of fact?
British Columbia, Canada
The following excerpt is from Fern Castle Holdings Corp. v. Stonebridge Village Residence Ltd., 2011 BCSC 163 (CanLII):
In a case of the present kind, in order to succeed on an appeal from a master’s decision or order on the ground of error of fact, the appellant must show that the Master’s decision or order was “clearly wrong.” On an appeal based on an alleged error of law, the appellant need only establish that the Master’s decision was incorrect. See Stoneman v. Desjardins 2004 BCSC 57 (Barrow J.) at paragraph 7.
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