C-25 - Code of Civil Procedure

Section 464 Disposition versions

2005-06-17

464. When a judge ceases to hold office, retires, becomes ill or unable to act, or dies, the chief justice may order that any case of which such judge was seized be continued and terminated by another judge or replaced on the roll to be heard again.

If the case was taken under advisement it is entrusted to another judge or replaced on the roll in accordance with the first paragraph, unless, where the judge seized of the case has retired or ceased to hold office, the chief justice requests the latter judge to render judgment within 90 days. Upon the expiry of that time, the chief justice proceeds in accordance with the first paragraph.

However, if a judge ceases to hold office because of an appointment to another court, the judge may, with the agreement of the chief judges or chief justices of the courts concerned, continue and terminate any case of which the judge was seized at the time of the appointment. Failing that, the procedure set out in the first two paragraphs is followed.

1965 (1st sess.), c. 80, a. 464; 1969, c. 81, s. 9; 1972, c. 70, s. 18; 1975, c. 83, s. 24; 1999, c. 40, s. 56; 2005, c. 26, s. 1.

1999-10-22

464. When a judge ceases to hold office, retires, becomes ill or unable to act, or dies, the chief justice may order that any case of which such judge was seized be continued and terminated by another judge or replaced on the roll to be heard again.

If the case was taken under advisement it is entrusted to another judge or replaced on the roll in accordance with the first paragraph, unless, where the judge seized of the case has retired or ceased to hold office, the chief justice requests the latter judge to render judgment within 90 days. Upon the expiry of that time, the chief justice proceeds in accordance with the first paragraph.

1965 (1st sess.), c. 80, a. 464; 1969, c. 81, s. 9; 1972, c. 70, s. 18; 1975, c. 83, s. 24; 1999, c. 40, s. 56.

1977-12-31

464. When a judge ceases to hold office, retires, becomes ill or unable to act, or dies, the chief justice may order that any case of which such judge was seized be continued and terminated by another judge or replaced on the roll to be heard again.

If the case was taken under advisement it is entrusted to another judge or replaced on the roll in accordance with the first paragraph, unless, where the judge seized of the case has retired or ceased to hold office, the chief justice requests the latter judge to render judgment within 90 days. Upon the expiry of the delay, the chief justice proceeds in accordance with the first paragraph.

1965 (1st sess.), c. 80, a. 464; 1969, c. 81, s. 9; 1972, c. 70, s. 18; 1975, c. 83, s. 24.