Master’s Court

General

The Master may with the consent of all parties concerned, try any issue of fact.

In any cases in which the Master may make an order, he may also make any supplementary or ancillary order and give any necessary directions.  In any case in which the Master may make an order, the costs of the application shall be in the discretion of the Master, who may direct payment of a sum in gross, in lieu of costs to be taxed.

The Master may in his discretion transfer any case to the Court lists for hearing.

The Master has power to summon parties and witnesses, administer oaths and require production of documents, take affidavits, affirmations and acknowledgments, examine parties and witnesses either on interrogatories or verbally.

Parties and witnesses summoned to attend before the Master, shall be bound to attend and shall be liable to process and contempt in like manner as parties who disobey Court order.

Any party aggrieved by an order, including an order as to costs made by the Master may, within six days of the perfecting of the same, or if made ex parte from notice of the same, or in the case of refusal from the date of refusal, apply to the Court to discharge such order or make the order refused.  An order which may be made by the Master may be made by a Deputy Master.

Counsel may be heard in any case before the Master.  The costs of such counsel shall not be allowed unless certified for by the Master.

Jurisdiction of Masters Court

The Master may make to following Orders

• an order for the appointment of a guardian ad litem (for the purpose of litigation) of an infant or person of unsound mind not so found;
• an order for the statement of the names of persons who may be co-partners in a firm;
• an order for enlargement for the time for doing any act or step in an action or matter;
• an order for discovery, limited or general, inspection of documents or real or personal property or delivery of interrogatories;
• an order for the appointment or discharge of a receiver in uncontested cases;
• an order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery;
• an order to strike out a defence for failure to make an affidavit of discovery or answer interrogatories;
• an order for the taking of evidence on commission;
• an order for an application for directions as to service in case of an originating summons not between parties or as to any other procedure in any action or matter;
• an order adding or substituting a party to proceeding;
• an order for the correction of clerical errors in the names of parties in any proceeding, whether on consent or not;
• an order to receive a consent and make the same a Rule of Court;
• an order under the Bankers Book Evidence Act;
• an order for the payment out of Court of funds standing to the credit of an infant on attaining majority, or for his benefit during minority;
• an order in uncontested cases to have accounts taken or inquiry made;
• an order for the issue, for service out of the jurisdiction of a citation to in contentious probate matters.
• an order giving liberty to file a supplemental affidavit of scripts;
• an order for the issue of a citation to lodge in Court a grant of probate;
• an order for the service outside jurisdiction, of a citation in contentious probate matters;
• a stop order on moneys or security in Court;
• an order for the issue of a subpoena;
• an order for the issue of a citation in matrimonial cases;
• a seven day order for payment of costs or lodgement of security on a certificate or report from the Taxing Master in matrimonial matters;
• an order giving liberty to issue execution in the name of or against the personal representative of a deceased;
• an order giving liberty to renew a writ for seizure of goods;
• an order for transfer of proceedings to the Circuit Court or the District Court on consent;
• an order giving liberty to serve a third party notice on consent.

Side Bar Orders

The following side-bar orders may be made in the Masters Court:

• a plaintiff, lately an infant to proceed in his own name, having attained full age, to proceed notwithstanding the death of a party, his right surviving, that a party do furnish a rental;
• that tenants do pay their rents to a receiver, sequestrator, guardian, or administrator ad litem;
• that persons indebted to personal estate pay sums due by them to a receiver;
• for an injunction to a sheriff to put purchaser in possession;
• for an injunction to sheriff to put tenant into possession
• to confirm a sale absolutely;
• to make a conditional order absolute on a certificate of no cause;
• an order directing payment of such costs as were reserved on the making of the conditional order
• for judgement of ouster on a disclaimer;
• to proceed compromise off;
• to change solicitor in matrimonial causes
• that the non-appearance of a party cited be taken as a renunciation of his right to probate or administration;
• that a party cited extract probate or administration, or that his not doing so be taken as a renunciation of his right;