Canada
In Canada the structure of the court system is primarily a provincial responsibility and the superior courts of the provinces have different names. Masters are found in the Supreme Court of British Columbia, Court of Queen's Bench of Alberta, the Court of Queen's Bench of Manitoba and the Ontario Superior Court of Justice. There are part time taxing masters in the Supreme Court of Newfoundland and Labrador. There is a similar office of prothonotary in the Supreme Court of Prince Edward Island and in the Federal Court.
The jurisdiction of a Master is fixed by provincial statute and the rules of court. Masters are appointed by the provincial government. As a result, while Masters sit in a superior court, they do not have the “inherent jurisdiction” of the judges of those courts, who are appointed by the federal government and whose authority is derived from the Constitution of Canada and the Crown. Their jurisdiction is usually limited to procedural and Interlocutory matters heard in chambers. Masters commonly also sit as Registrars in Bankruptcy.
In the Federal Court of Canada, a judicial officer with much the same powers as a Master is called a Prothonotary.
Traditionally a Master is referred to as "Master Smith" or, in court, as "Master". In some jurisdictions, Masters are now referred to as "your honour".
Masters and Prothonotaries are independent judicial officers although they do not have the full level of security of tenure afforded to federally appointed judges.
In Alberta, British Columbia and Manitoba, masters have the same terms of appointment as provincial judges. This was formerly the case in Ontario as well but after the High Court of Justice and District Courts were merged, in 1986 a new office of Case Management Master was created.
In Ontario Case Management Masters have all of the authority of traditional masters as well as additional jurisidction to manage actions and engage in dispute resolution processes. They are appointed by Order in Council and can only be removed for cause by the Chief Justice following a formal disciplinary process.
In Ontario the distinction between "chambers" and "court" has been abolished. When masters preside they sit as the court and their function is to perform tasks that would otherwise fall to superior court judges. Besides the jurisdiction to hear most interlocutory motions in civil matters, case management masters in Ontario also preside at status hearings, case conferences and pre-trials. They frequently act as referees to hear trials in construction lien matters, mortgage references or issues referred by judges. Case management masters also provide dispute resolution services and sit as Registrars in Bankruptcy.
Read more about this topic: Master (judiciary)
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