What is the effect of a master's opinion on a foreclosure application?

British Columbia, Canada


The following excerpt is from Moquin v Fitt, 2017 BCSC 1204 (CanLII):

As an aside, I am inclined to attach significant weight to masters’ opinions on applications like this. I have in mind, in this respect, the reality that masters have advantages arising out of their greater experience in matters of this kind. They hear many more R. 7-6 applications than judges and likely have a more developed sense of the appropriateness of ancillary terms or conditions sought by the parties. In the different but perhaps analogous context of approval of sales in foreclosure proceedings, see the dicta of Esson J.A., as he then was, in British Columbia v. Baron Enterprises Ltd., 2000 BCCA 317 at paras. 44-45.

Other Questions


What is the effect of the Master's findings of fact on a mortgage application? (British Columbia, Canada)
What is the effect of the rules of interminable adjournment of an application to dismiss an application? (British Columbia, Canada)
What is the effect of an application to amend the pleadings of the First Application? (British Columbia, Canada)
Can opinion evidence be admitted in a certification application? (British Columbia, Canada)
What is the effect of an application for retroactive variation of a child support order? (British Columbia, Canada)
On an interim support application, can the court get bogged down with the merits of the application? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
Does a judge have a duty to hear an application where the adjudicator of the application has been found in error? (British Columbia, Canada)
What is the effect of a mental illness on the application for a variation of maintenance? (British Columbia, Canada)
What is the effect of a fourth demand for particulars in a medical malpractice application? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.