Does a Master have the authority to grant intrusive testing?

Ontario, Canada


The following excerpt is from Tre Memovia Developments Ltd. v. 1491316 Ontario Inc., 2020 ONSC 1568 (CanLII):

A master hearing a motion under Rule 32.01 for intrusive testing has a broad discretion whether or not to permit the testing. In addition, it is well-established that masters, particularly in Toronto, have "deep expertise" in law and practice relating to procedural matters, including exactly the kind of issue presented in this case. Absent an error of law or principle, or a palpable or over-riding error about the facts, a reviewing court should not interfere: Prescott v. Barbon, 2018 ONCA 504 at paras.10-11.

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