C-25.01 - Code of Civil Procedure

Section 326 Disposition versions

2016-01-01

326. If a judge is removed from a case, dies, leaves office or is unable to act, the chief justice or chief judge may order that the case or cases pending before the judge be continued and completed by another judge, or be set down for a new trial, depending on the stage reached.

On the chief justice’s or chief judge’s request, a judge who is leaving office must, within three months, complete any cases taken under advisement. A judge who is leaving office because of an appointment to another court must, if the chief justice or chief judge of that other court agrees, continue and complete any cases pending before the judge.

The chief justice’s or chief judge’s decision must take the circumstances and the parties’ interests into account. The chief justice or chief judge exercises the responsibilities conferred by this article personally, but may also ask a senior associate or associate chief justice or chief judge to exercise them.

In the decision, the chief justice or chief judge rules on the legal costs for any proceedings already had and may take any other measure as is considered fair and appropriate.

2014, c. 1, a. 326.