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.
- SOR/2004-283, s. 14.
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.
(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.
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