← Cases

O'Donohoe v. Beatty

(1891) 19 SCR 356 Court SCC Decision date 1891-06-22 English

Delivered by Judgment of the Court

Contents

Judgment of the Court

J.-The only question involved in this appeal is whether the master of the High Court of Justice in Ontario, the rules of which court govern the proceeding in question and regulate the duties of the master, has proceeded in conformity with the order of J.reference made to him by the court, and has made a proper report upon it, and for the reasons given by the learned judges of the Divisional Court of the High Court, and by Mr. Justice Osler and Mr. Justice McLennan in the Court of Appeal at Toronto, I entertain no doubt that it was not only competent, but under the .
circumstances necessary, for the master to have made the inquiry which is objected to, and to have made the report thereon which he has made, and which is abundantly established by the evidence; but I have entertained and still entertain great doubt whether an appeal should be entertained by this court in a matter of this description which relates wholly to the practice and procedure of the High Court of Justice, and of an officer of that court in construing the rules of the court, and in executing an order of reference made to him by the court.
Appeal dismissed with costs.