Reference
for trial.
15 & 16 Geo,
5, c. 49, u. 89.
Fowers of referee, and procedure on reference.
15 & 16 Geo. 5. c. 49.
5.500)).
0. 36. r. 48.
0.36. c. 49.
0.36. r. 50.
2
(2) The report of a special referee may be adopted wholly or partially by the court and, if so adopted, may be enforced in the same manner as a judgment or order of the court to the same effect.
1. In any cause or matter, other than a criminal pro ceeding by the Crown-
(a) if all the parties interested who are not under
disability consent; or
(b) if the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the court, conveniently be made before à juŋ or conducted by the court through its other ordinary officers; or
(c) if the question in dispute consists wholly or i
part of matters of account,
the court may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties or, in default of agreement, before an arbitr tor appointed by the court.
3. In every case of reference to a special referes ar arbitrator under an order of the court in any cause o matter, the special referee or arbitrator shall be deemed, to be an officer of the court, and such special referee of arbitrator shall have such authority, and shall conduct the reference in such manner, as is hereinafter mentioned-
(a) he may, subject to the order of the court, hold the trial at or adjourn it to any place which he may deem most convenient, and have any inspection of view which he may deem expedient for the better disposal of the controversy before him, and he shall, unless otherwise directed by the court, pro- ceed with the trial de die in diem, in a similar manner as in an action tried with a jury; (b) subject to any order to be made by the court evidence shall be taken at the trial, and the attend- sace of witnesses may be enforced by subpocor and the trial shall be conducted in the same manner, as nearly as circumstances will admit, es trials are conducted before the court;
(c) subject to any such order as last aforesaid, b
shall have the same authority with respect discovery and production of documents and i
0.36, 1. 51.
0, 36, r. 52.
0.36. r. $3.
0,36, r. 54.
0.36, r. $3.
the conduct of the trial or reference, and the same power to direct that judgment be entered for any or either party, as the court;
(d) nothing in this rule shall authorize him to commit any person to prison or to enforce any order by committal or otherwise;
(e) he may, before the conclusion of the trial before him, or by his report or award under the reference made to him, submit any question arising therein for the decision of the court, or state any facts specially, with power to the court to draw infer- ences therefrom, and in any such case the order to be made on such submission or statement shall be entered as the court may direct; and the court shall have power to require any explanation or reasons from him and to remit the cause or matter, or any part thereof, for re-trial or further consideration to him or to any other special referee or arbitrator; or the court may decide the question referred to him on the evidence taken before him, either with or without additional evidence as the court may direct;
() when he makes a report or award he shall immediately thereafter cause notice thereof to be given in writing to all the parties to the trial or reference before him:
(g) where a report or award has been made in a cause or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further considera- tion, without notice of motion or summons to apply to the court to adopt the report or award. or without leave of the court to give not less than four days' notice of motion, to come on with the further consideration, to vary the report or to remit the cause or matter or any part thereof for re-trial or further consideration to the same or any other special referes or arbitrator;
(h) where a report or award has been made in a cause or matter, the further consideration of which bas not been adjourned, it shall be lawful for any party, by an eight days" notice of motion, to apply to the court to adopt and carry into effect the report or award, or to vary the report or award,