Marginal note:Case management judge not to preside at hearing

391. A case management judge who conducts a dispute resolution conference in an action, application or appeal shall not preside at the hearing thereof unless all parties consent.

Marginal note:Disposition of hearing

• 392. (1) The Court may dispose of any matter that is the subject-matter of a hearing by signing an order.

• Marginal note:Effective time of order

  (2) Unless it provides otherwise, an order is effective from the time that it is endorsed in writing and signed by the presiding judge or prothonotary or, in the case of an order given orally from the bench in circumstances that render it impracticable to endorse a written copy of the order, at the time it is made.

Marginal note:Reasons

393. The Court may deliver reasons for judgment

• (a) orally from the bench at the conclusion of the hearing of a proceeding; or

• (b) after having reserved judgment at the conclusion of a hearing, by depositing in the Registry written reasons, signed by the judge or prothonotary who delivered them.

Marginal note:Drafting of order

• 394. (1) Where the Court gives reasons, it may direct one of the parties to prepare for endorsement a draft order to implement the Court's conclusion, approved as to form and content by the other parties or, where the parties cannot agree on the form and content of the order, to bring a motion for judgment in accordance with rule 369.

• Marginal note:Pronouncement of judgment

  (2) On the return of a motion under subsection (1), the Court shall settle the terms of and pronounce the judgment, which shall be endorsed in writing and signed by the presiding judge or prothonotary.

Marginal note:Copies to be sent

• 395. (1) Subject to subsection 36(3), the Administrator shall send without delay a copy of every order made and of any reasons given other than in open court to all parties

  • (a) by registered mail;

  • (b) by electronic means, including facsimile and electronic mail; or

  • (c) by any other means, as directed by the Chief Justice, likely to bring the order and any reasons to the attention of the party.

• Marginal note:Proof of receipt

  (2) If an order and any reasons are transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file.

Marginal note:Recording of orders

396. Every order shall be recorded by the Administrator forthwith after it is made.