APPENDIX
C
REFERENCE RULES
1. Powers of Referee
A Referee will have the power:
- to establish the procedure to be followed during
the reference;
- to determine the location where the reference
will be considered;
- to order production of documents and examinations
for discovery, if necessary;
- to summon and enforce the attendance of witnesses
and to compel them to give oral or written evidence
on oath in the same manner as a court of record
in civil cases;
- to accept oral or written evidence as the Referee
in his or her discretion considers proper, whether
admissible in a court of law or not;
- to mediate the differences at any stage in
the proceedings and, if mediation is unsuccessful,
to continue with the reference; and
- to determine the subject matter of the reference
and, in the exercise of his or her discretion,
to award costs, in accordance with a tariff to
be established by the Courts.
2. Conduct of Reference
The only parties to the reference will be the claimant
and the Fund Counsel. The Referee must adopt the
simplest, least expensive and most expeditious manner
of conducting the reference. The Referee must begin
the reference within 30 days after being appointed.
The language of the reference will be in English
or French, as requested by the claimant.
The Referee must give a written report within 30
days of the completion of the reference which will
be automatically confirmed and be final and binding
unless the claimant serves and files a notice of
motion with the Court having jurisdiction in the
Class Action in which he or she is a Class Member
opposing confirmation within 30 days of the delivery
of the Referee's report, provided, however, that
if the amount in issue is less than $10,000 the
Referee will be deemed to have carried on an arbitration
and the report will be deemed to be an arbitration
award.
4. Appearances on a Motion Opposing Confirmation
of a Referee's Report
The claimant, the Fund Counsel and each Class Action
Counsel will each have the right, but not the obligation,
to appear on any motion and oppose or support confirmation
of a Referee's report.
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