Marginal note:Giving of judgment after judge ceases to hold office
45 (1) Where a judge resigns his office or is appointed to any other court or otherwise ceases to hold office, he may, at the request of the Chief Justice, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him as if he had continued in office.
Marginal note:Taking part in giving of judgment after judge ceases to hold office
(2) Where a person to whom subsection (1) applies has heard a cause, action or matter in the Federal Court of Appeal jointly with other judges of the Court of Appeal, he may, at the request of the Chief Justice, at any time within the period mentioned in subsection (1) take part in the giving of judgment by that Court as if he were still a judge.
Marginal note:Where judge unable to take part in giving of judgment
(3) Where a person to whom subsection (1) applies or any other judge by whom a matter in the Court of Appeal has been heard is unable to take part in the giving of judgment or has died, the remaining judges may give judgment and, for that purpose, shall be deemed to constitute the Court.
- R.S., c. 10(2nd Supp.), s. 45
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