Is it within the jurisdiction of a master under Rule 45.01 to make interim preservation orders respecting real property?
Ontario, Canada
The following excerpt is from Regional Municipality of Halton v. Rewa, 2019 ONSC 3921 (CanLII):
The plaintiff relies on Scalamogna v. DiToro[7] in support of the proposition that it is within the jurisdiction of a master under Rule 45.01 to make interim preservation orders respecting real property. That case is distinguishable on the basis the interim order was to preserve the status quo pending the hearing of a motion for a certificate of pending litigation which is a motion clearly within the jurisdiction of a master. It was not to compel the disposition of real property of a non-party pending trial.
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