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Federal Courts Act

Version of section 45 from 2003-07-02 to 2022-08-08:


Marginal note:Giving of judgment after judge ceases to hold office

  •  (1) A judge of the Federal Court of Appeal or the Federal Court who resigns or is appointed to another court or otherwise ceases to hold office may, at the request of the Chief Justice of that court, at any time within eight weeks after that event, give judgment in any cause, action or matter previously tried by or heard before the judge as if he or she had continued in office.

  • Marginal note:Taking part in giving of judgment after judge of Federal Court of Appeal ceases to hold office

    (2) If a judge of the Federal Court of Appeal who resigns or is appointed to another court or otherwise ceases to hold office has heard a cause, an action or a matter in the Federal Court of Appeal jointly with other judges of that court, the judge may, at the request of the Chief Justice of the Federal Court of Appeal, at any time within eight weeks after the resignation, appointment or other ceasing to hold office, take part in the giving of judgment by that court as if he or she had continued in office.

  • Marginal note:If judge unable to take part in giving of judgment

    (3) If a person to whom subsection (2) applies or any other judge by whom a matter in the Federal 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, are deemed to constitute the Federal Court of Appeal.

  • R.S., 1985, c. F-7, s. 45
  • 2002, c. 8, s. 42
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