21 present present present present absent present present present

6. PROCEDURE IN CIVIL MATTERS.

CHAPTER 53.

An Act respecting Arbitrations and References.

ACTIONS IN THE HIGH COURT, ss. 1-9. ACTIONS IN THE COUNTY COURTS, ss. 10-12.

VOLUNTARY SUBMISSIONS, Ss. 13-17.

MOTION TO SET ASIDE AWARD, s. 18.
COSTS, ss. 19-30.

MISCELLANEOUS PROVISIONS, Ss. 31-
51.

HE

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario,

enacts as follows:

ACTIONS IN THE HIGH COURT.

reference after

for trial.

1. If at any time after the writ has issued in an Summary action in the High Court, and before the action has decision or been entered for trial, it is upon the application of either writ and before party made to appear to the satisfaction of the Court or action entered a Judge, that the matters in dispute consist wholly or in part of matters of mere account, which cannot conveniently be tried in the ordinary way, the Court or Judge may, upon such application, decide the matter in a summary manner, or order the matter either wholly or in part, to be referred to the Master in Ordinary of the Supreme Court, or any Local Master, or to the Judge of a County Court, or to a Referee appointed by the parties who consents in writing to accept the reference, upon such terms as to costs and otherwise as the Court or Judge thinks reasonable; and the decision or order of the Court or Judge, as soon as given or made, or the report or certificate of such Master, County Judge or other Referee, when confirmed as hereinafter provided, may be enforced by the same process as the finding of a jury upon the matter referred. R. S. O. 1877, c. 50, s. 189.

law may be

decided by the Court, or one

2. If it appears to the Court or Judge that the allowance Any incidenor disallowance of any particular items in the account depends tal question of upon a question of law proper to be decided by the Court, or upon a question of fact proper to be decided by a jury, the Court or Judge may direct a case to be stated or issues to be tried and the decision of the Court upon the case, and the finding of the jury upon the issues shall be taken and acted upon by the Master, County Judge, or other Referee, as conclusive. R. S. O. 1877, c. 50, s. 190.

of fact by a jury upon a special case

or issue.

Procedure on reference.

3. (1) Where an order is made under section 1, the Master, County Judge, or other Referee to whom the reference is directed, shall proceed therein; and the depositions of the witnesses examined upon the reference shall be taken down in writing, and shall, forthwith after the making of the report or certificate, together with the exhibits referred to therein, Filing of depo- and the report or certificate, and upon payment of the sitions, certifi- fees of the Master, County Judge or Referee, be filed by the said Master, County Judge or Referee with the officer of the Court with whom the appearance by defendant is required to be entered, and no fee shall be paid for filing except for filing the report.

cate, &c.

Report or certificate to

(2) The report or certificate shall, without an order confirmbecome abso- ing the same, become absolute at the expiration of fourteen lute unless ap- days from the filing thereof, unless appealed from, but the Court or Judge may, under special circumstances, allow an appeal after the fourteen days. R. S. O. 1877, c. 50, s. 191 (1,3).

pealed from.

Appeal from report.

Practice.

other

4. The appeal from a report or certificate referred to in the next preceding section of this Act may be heard and decided by a Judge sitting in Court, and the practice to be observed upon any such appeal shall in respects be the practice now observed in appeals from the report of a Master; and the Judge may, upon the appeal, Amendment. either amend the report or certificate in any way to any extent that he may deem proper, or refer the same to the Master, County Judge or other Referee, for aendment in whole or in part, with such directions as to law or fact as he may deem proper, or he may confirm the same. R. S. 0. 1877, c. 50, s. 192.

Transmission

purposes of

appeal.

and

back

5. The officer of the Court with whom any deposition and of papers for report or certificate taken or made under the provisions of this Act have been filed, shall, for the purpose of such appeal or motion, within twenty-four hours after notice in writing delivered to him in his office for that purpose and payment of the necessary postage, enclose, seal up and transmit by post to the proper principal office in Toronto, addressed to the Registrar thereof, the depositions and report or certificate, together with all exhibits and papers filed therewith; and after the appeal or motion has been disposed of, any party thereto may in like manner procure the depositions, report or certificate, ex hibits and papers, to be returned to the officer of the Court with whom they were originally filed. R. S. O. 1877, c. 50, s. 193.

Return of papers.

Fees to officers paid by

salary

6. Where the reference is made to the County Judge or the Master in Ordinary, or other officer who is paid by salary, such person shall be entitled to take and receive to his own use the same fees as the Local Masters not paid by salary are entitled to receive upon a reference in an action in the High Court. 50 V. c. 8, Sched.

accounts,

parts, &c., or

jury.

of arbitrators

7.-(1) In all actions involving the investigation of long ac- In actions counts on either side, the Judge may, at and during the trial, involving long lirect a reference of all issues of fact to arbitration, or of Judge may such of the said issues and of the accounts and matters in- direct a reference as to part volved in all or any of such issues as he thinks fit, taking the and a verdict verdict of the jury upon any issue or issues not so referred, and as to other directing a verdict to be entered generally, on all or any of the leave the issues, for either party, subject to such reference; or he may whole to the leave all or any issues of fact to be found by the jury, referring only the amount of damages to be ascertained; and if the parties agree upon the arbitrators (not more than three), the Appointment names of those agreed on shall be inserted in the order of in referred reference, but if the parties cannot agree, the Judge shall name the arbitrator or arbitrators, and appoint all other terms and conditions of the reference to be inserted in the order; and the Judge directing any reference under this section may direct such reference in like manner as he has power to do under sections 1 and 2; and every arbitrator appointed under this section shall be subject to the provisions of the said sections, and shall have the powers expressed in section 9, and be subject to the same regulations as are mentioned and provided in regard to arbitrators in and by section 36 of this Act.

cases.

(2) An appeal shall lie against an award or report made on Appeal from a reference under this section, in the same way as if the award. reference had been made under section 1. R. S. O. 1877, c. 50, s. 195.

filed.

8. Upon an order of reference made under the provisions Upon referof section 7 of this Act, the depositions of the witnesses ence under s. 7, deposiexamined upon the reference shall be taken down in writing, tions to be in and shall forthwith after the making of the award, together writing and with the exhibits referred to therein, be filed by the arbitrator or arbitrators with the officer of the Court with whom the appearance of the defendant is required to be entered in the action or any of the actions in which the said order was made and no fee shall be paid for filing except for filling the award. R. S. O. 1877, c. 50, s. 196.

mages shall be

matter of cal

9.-(1) In actions in which it appears to the Court or a Judge How the that the amount of damages sought to be recovered by the amount of daplaintiff is substantially a matter of calculation, it shall not be ascertained necessary to assess the damages by a Judge or jury, but the when the Court is of opinion Court or a Judge may direct that the amount for which final that it is subjudgment is to be signed, shall be ascertained (if the proceed- stantially a ings are carried on in one of the offices at Toronto) by the culation. Registrar of the proper Division of the High Court, or (if the proceedings are carried on in the office of a Deputy Clerk, Deputy Registrar or Local Registrar in any County) then by the Judge of the County Court of such County-or (if the proceedings are carried on in any County Court) then by the Clerk thereof; and the attendance of witnesses, and the

Appeal.

County Courts

may order references as in

production of documents, before the Registrar or Judge or Clerk of the County Court, may be compelled by subpoena, in the same manner as before a Judge or jury upon an assessment of damages; and the Registrar or Judge, or Clerk of the County Court, respectively, may appoint the day for hearing the case, and may adjourn the inquiry from time to time, as occasion requires; and the Registrar, or Judge or Clerk of the County Court, as the case may be, shall endorse upon the rule or order for referring the amount of damages to him, the amount found by him, and shall deliver the rule or order with the endorsement to the plaintiff, and the like proceedings may thereupon be had, as to taxation of costs, signing judgment and otherwise, as upon the finding of a Judge or jury upon an assessment of damages.

(2) An appeal shall lie against a finding under this section in the same manner as from a report or certificate on a reference made under section 1. R. S. O. 1877, c. 50, s. 197.

ACTIONS IN COUNTY COURTS.

10. In a County Court, the Judge thereof may order a cause to be referred in the same manner, with the same effect High Court. and with the same powers, as may be exercised by the High Court in any cause therein. Ř. S. O. 1877, c. 50, s. 198.

Every submis

tion may be made a rule of the High

11. In a County Court in which an order of reference is made, an appeal, in like manner and within the same time as in like cases is provided with regard to actions in the High Court, shall lie to the Judge of the County Court, who shall upon such appeal have the same powers as may be exercised by a Judge in like cases in the High Court; and upon any motion made to a County Court to set aside an award in cases in which an appeal does not lie, the Judge thereof shall have the same powers as may be exercised by the High Court or a Judge thereof in like cases. R. S. O. 1877, c. 50, s. 199.

12. An appeal shall lie from any order, judgment, or decision of the County Court Judge to the Court of Appeal, and the proceedings and practice on the appeal as to staying proceedings, giving security and otherwise, shall be similar to the proceedings and practice relating to appeals from County Courts to the Court of Appeal. R. S. O. 1877, c. 50, s. 200.

VOLUNTARY SUBMISSIONS.

13. Every agreement or submission to arbitration by consion to arbitra sent, whether by deed, or in writing not under seal, may, on the application of any party thereto, be made a rule or order of the High Court, or of a County Court in actions pending in the the instrument County Court, unless the agreement or submission contains words purporting that the parties intended that it should not

Court, unless

forbids it.

be made a rule or order of Court. R. S. O. 1877, c. 50,

S. 201.