Does a Master's refusal to stay the judgment on an appeal from a Master’s exercise of exercise by the Master?
Ontario, Canada
The following excerpt is from Elgrichi Estate v. Hornstein, 2004 CanLII 18996 (ON SCDC):
The refusal to stay the judgment was the result of an exercise of discretion by the Master. On an appeal from a Master’s exercise of discretion, there should be no interference with the decision unless the Master was clearly wrong (Lederer v. Fenwick, [2001] O.J. No. 3683 (Div. Ct.) at paragraph 5).
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