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T-16 - Courts of Justice Act
Section 12
Disposition versions
12. Whenever, by reason of leave of absence granted to or the illness of any judge of the court, it becomes probable that such judge will be absent for one whole term or more, then, if the Chief Justice, or, in case of his absence or disability, the senior puisne judge who is able to act, certifies to the Governor General his opinion that the due administration of justice would be promoted by the appointment of an assistant judge of the court during absence or sickness, any judge of the Superior Court may be appointed assistant judge of the Court of Appeal, for such time as it appears probable that the absence or sickness of the judge first mentioned will continue, and such assistant judge shall have the powers and perform all the duties of an ordinary judge of the court.
To ensure the proper management of the business of the Court of Appeal, the Chief Justice or, in his absence, the senior judge, may ask the Chief Justice of the Superior Court, in writing, to designate one or more judges of that court to sit as judges in the Court of Appeal when needed. Such a judge shall have all the powers and perform all the duties of a judge of the Court of Appeal.
12. Whenever, by reason of leave of absence granted to or the illness of any judge of the court, it becomes probable that such judge will be absent for one whole term or more, then, if the Chief Justice, or, in case of his absence or disability, the senior puisne judge who is able to act, certifies to the Governor General his opinion that the due administration of justice would be promoted by the appointment of an assistant judge of the court during absence or sickness, any judge of the Superior Court may be appointed assistant judge of the Court of Appeal, for such time as it appears probable that the absence or sickness of the judge first mentioned will continue, and such assistant judge shall have the powers and perform all the duties of an ordinary judge of the court.
