R&V Construction Management Inc. v. Baradaran 2020 Ont SCJ (Div Ct)
Although, on a motion for summary judgment in the normal course, Masters do not have the enhanced powers given to judges, they do have jurisdiction to use the enhanced powers in their capacity as referees under the Construction Act. The motion judge was overruled on this issue. However, the court set aside the Master’s dismissal of the action because of a lack of natural justice. The defendant, who was not represented, had brought a motion to discharge the plaintiff’s lien or reduce lien security. Instead, the Master granted summary judgment against him for a motion that neither he nor the plaintiff had brought.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.