THE ADVOCATE 767
VOL. 79 PART 5 SEPTEMBER 2021
GRUMBLE
By R.C. Tino Bella*
Dear Editor,
Re: Gerry Lecovin’s Legacy (and
use of the word “master”) by
Robert McDiarmid, Q.C.
(2021) 79 Advocate 619
The July 2021 Grumble of
Robert McDiarmid, Q.C., former
master treasurer (now called the
president) of the Law Society and
former court master caught my
attention. While the phrase “jack of
all trades, master of none” has been
applied fairly and unfairly to some
members of the courts since 1592,
it should never be associated with
the court masters who are often
called upon to solve the many
problems that judges find too complicated
and beyond their comprehension.
However, there is a
pecking order in the court system
that unfortunately places masters
at less elevated levels (much like
the members of S.M.A.L.L. are
placed). When coming to grips
with the unfairness of the sometimes
assumed lesser importance
of masters in our system, members
at the bar should take solace and
keep in mind these words of Master
Funduk of Alberta from his
1989 ruling in South Side Woodwork
v. R.C. Contracting Ltd., 1989 Can-
LII 3384 (Alta. Q.B.):
50 McDonald is a decision by
the Supreme Court of Alberta,
Trial Division, now the Court of
Queen’s Bench. I am bound by
decisions of judges of this court
unless they have been overruled
by our Court of Appeal or the
Supreme Court of Canada, or
unless there are contrary decisions
by judges of this court, in
which case I would face a
dilemma (which I could probably
“solve” by ordering a trial of an
issue).
51 Any legal system which has
a judicial appeals process inher-
* Grumbles may be e-mailed to <mbain@the-advocate.ca>. Grumbles published do not necessarily reflect the views of the
Advocate or its staff. We encourage a diversity of voices and views in our pages.
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