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Trial or inquiry before a referee

43.01. (1) If the Court considers, upon the application of any party, that it is in the interest of any party, the Court may, subject to any right to a trial with a jury, order a proceeding or any question, or issue of fact arising therein, to be referred to the person it appoints as a referee, with or without the assistance of assessors, for

             (a)  trial and report; or

             (b)  inquiry and report,

and the Court may give such directions as it thinks just.

             (2)  The party who applies for a reference shall furnish to the referee a true copy of the order for the reference, and any documents directed therein to be furnished to the referee.

1986 c42 Sch D rule 43.01

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Powers, etc. of a referee

43.02. (1) Subject to any direction contained in the order for a reference, a referee shall on a reference

             (a)  have the same jurisdiction as the Court, other than for the issuance of a contempt order;

             (b)  conduct the trial or inquiry of the reference as far as the circumstances permit, in a like manner as a like proceeding before the Court;

             (c)  exercise the same powers as the Court with respect to claims relating to or connected with the reference, including the right to order any counterclaim or third party proceeding to be struck out or tried separately;

             (d)  hold the trial or inquiry of the reference before the referee at any convenient time and place with power to adjourn the same as the referee thinks fit; and

             (e)  when requested by any party in writing or on his or her own motion, obtain by an application to the Court, its opinion upon any matter arising during the course of the reference.

             (2)  The provisions of these rules shall, with any necessary modification, apply to a trial or inquiry by a referee.

1986 c42 Sch D rule 43.02

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Report of referee

43.03. (1) The report of a referee, together with a copy of any evidence taken on the trial or inquiry and any exhibits used thereat, shall be filed with the Court and a copy of the report served on each party.

             (2)  A referee in the referee's report may submit any question or issue arising therein for the decision of the Court, or make a special statement of facts from which the Court may draw such inferences as it thinks just.

             (3)  On receipt of a referee's report, the Court may itself or on the application of any party

             (a)  adopt the report in whole or in part;

             (b)  vary or reverse the report or any finding therein;

             (c)  require a supplemental report from the referee;

             (d)  remit the reference or any part thereof for further consideration to the same or any other referee;

             (e)  decide any question or issue referred to the referee on the evidence taken before the referee, with or without any additional evidence;

             (f)  vary or reverse any previous order of the Court; or

             (g)  order the entry of such judgment based on the report or otherwise as it thinks just.

1986 c42 Sch D rule 43.03; 36/14 s53

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Transfer from one referee to another

43.04. The Court may order the transfer of a reference or any part thereof from one referee to another on such terms and conditions as it thinks just.

1986 c42 Sch D rule 43.04

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Assessment of damages or taking of account by referee

43.05. (1) The provisions of Rule 44, with any necessary modification shall also apply to the assessment of damages referred to a referee for inquiry and report.

             (2)  The provisions of Rule 24, with any necessary modification, shall also apply to an account taken or inquiry made thereof by a referee and where an account is taken on the foreclosure of a mortgage, the provisions of rule 16.04, with any necessary modification, shall apply.

1986 c42 Sch D rule 43.05