Lois et règlements

Rule-56 - REFERENCES

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À jour au 1er janvier 2024
REFERENCES
RULE 56
REFERENCES
56.01Where a Reference May be Directed
(1)The court may direct a reference in a proceeding to determine issues of fact involving
(a) taking of accounts,
(b) assessment of damages,
(c) conduct of sales,
(d) a prolonged examination of documents, or a scientific or local examination that cannot conveniently be made by the court,
(e) any type of inquiry, the nature of which requires the application of special expertise, or
(f) any other issue of fact, where all parties consent thereto.
(2)A reference shall be directed to a referee who may be a court official, a person suitable by reason of special knowledge or expertise in the subject matter in issue, or any person agreed upon by the parties.
(3)An order of reference may contain directions as to the conduct of the reference and may designate which party is to have carriage of it.
(4)The party who has carriage of a reference shall furnish to the referee a copy of the order setting out the terms of reference, and any documents or evidence directed to be furnished to the referee.
(5)Where necessary, the court shall determine the remuneration of the referee and the liability of the parties for the payment thereof.
56.02Conduct of Reference
(1)Subject to any direction contained in an order of reference, a referee shall
(a) as far as the circumstances permit, conduct any hearing as though it were a proceeding before the court,
(b) hold such hearing at convenient times and places, and
(c) when requested by a party in writing or when he deems it necessary, apply to the court for directions upon any matter arising during the course of the reference.
(2)Subject to directions by the court, these rules shall, with any necessary modification, apply to a hearing by a referee.
56.03Report of Referee
(1)The report of a referee, with the evidence taken on the reference, if any, shall be filed with the clerk, and the clerk shall send a copy of the report by certified mail to each party.
(2)In his report, a referee may submit a question or issue for the decision of the court, or make a special statement of facts from which the court may draw inferences.
(3)On receipt of a referee’s report, and on hearing the parties, the court may
(a) adopt the report in whole or in part,
(b) give judgment at variance with the report,
(c) require a supplemental report from the referee,
(d) remit the reference or a part thereof for further consideration to the same or another referee,
(e) decide any question or issue of fact referred to the referee on the evidence taken before the referee, with or without additional evidence,
(f) vary or reverse any previous direction of the court, or
(g) give judgment based on the report or otherwise as it thinks just.
56.04Transfer from One Referee to Another
The court may order the transfer of a reference or a part thereof from one referee to another on such terms and conditions as may be just.
56.05Revocation or Variance of a Reference
The court may revoke or vary a reference at any time.
56.06Effect of Report on a Reference
The report on a reference shall have no effect until it has been made part of a judgment given pursuant to Rule 56.03(3)(g).
56.07Appeal
On an appeal from a judgment given under this rule, the Court of Appeal may review the findings of the referee.