The applicants sought judicial review of the Minister of Health's approvals regarding the privatization of hospital facilities.
A non-party, THICC, asserted that certain documents in the Minister's record were confidential.
A Master heard a motion regarding the content of the record and ruled the documents should be publicly filed.
THICC appealed, arguing the Master lacked jurisdiction.
The Divisional Court held that while a Master does not have jurisdiction to hear an interlocutory motion in a judicial review application, a judge may refer an interlocutory issue to a Master acting as a referee.
The Court found that the case management judge had directed such a reference and that the Master made no reversible error in applying the Sierra Club test to deny the sealing order.
The appeal was dismissed.
