Federal Courts Rules (SOR/98-106)

Marginal note:Order for reference

• 153. (1) The Court may, for the purpose of making an inquiry and report, refer any question of fact in a proceeding to a judge or other person designated by the Chief Justice of the court before which the proceeding is pending.

• Marginal note:Directions on reference

  (2) Notwithstanding rules 155 to 160, the Court may at any time give directions regarding the conduct of a reference.

Marginal note:Stay of related proceedings

154. Where a reference is made under rule 153, on motion, the Court may stay any proceeding related to the reference, including a proceeding that has previously been stayed, for a period of not more than six months.

Marginal note:Requisition to fix time and place of reference

• 155. (1) On a reference made under rule 153, the referee shall, on the requisition of a party, fix a time and place for the hearing of the reference.

• Marginal note:Documents to be provided to referee

  (2) A party who makes a requisition under subsection (1) shall provide the referee with a statement of the issues and copies of the pleadings and order of reference.

Marginal note:Conduct of reference

156. Unless the Court orders otherwise, a referee shall adopt the simplest, least expensive and most expeditious manner of conducting the reference.

Marginal note:Order for examination or production

157. A referee may order that parties be examined for discovery and order the production for inspection and copying by a party of any document or other material relevant to a matter in issue, at the time and place and in the manner set out in the order.

Marginal note:Attendance of witnesses

• 158. (1) The attendance of witnesses to give evidence at a reference shall be enforced by subpoena.

• Marginal note:Recording of evidence on reference

  (2) The testimony of a witness at a reference shall be recorded.

Marginal note:Powers of referee

• 159. (1) Subject to subsection (2), a referee shall have the same power and authority in matters of practice and procedure as would a judge of the Court presiding at the trial of an action.

• Marginal note:Limitation

  (2) A referee shall not commit a person to prison or enforce an order for attachment.

Marginal note:Referral of question to Court

• 160. (1) A referee may, before the conclusion of a reference or by a report on the reference, submit any question for determination by the Court.

• Marginal note:Response to referral

  (2) On receipt of a submission under subsection (1), the Court may

  • (a) require any explanations or reasons from the referee; or

  • (b) remit the matter, or any part thereof, for further inquiry to the same or another referee.