58 (1) On motion made after the delivery of all statements of defence, or the statement of defence to all crossclaims, counterclaims or third party claims, if any, or after the time for their delivery has expired, a judge may refer the whole action or any part of it for trial, (a)  to an associate judge; (b)  to a person agreed on by the parties; or (c)  if the action is for an amount that is within the monetary jurisdiction of the Small Claims Court, as set out under section 23 of the Courts of Justice Act, to a deputy judge of that Court or to the Small Claims Court Administrative Judge. 2020, c. 11, Sched. 5, s. 14 (2); 2021, c. 4, Sched. 3, s. 20 (2). Notice (1.1) Notice of a motion for a reference under clause (1) (b) or (c) shall be given to every person specified by the procedures prescribed for the purposes of this Part. 2017, c. 24, s. 43 (2). Requirement for consent (1.2) A reference under clause (1) (b) shall not be made unless the persons entitled to notice under subsection (1.1) consent to the reference.  1994, c. 27, s. 42 (5). Deemed consent (1.3) A person given notice under subsection (1.1) who does not oppose the motion or does not appear at the hearing of the motion shall be deemed to consent to the reference under clause (1) (b).  1994, c. 27, s. 42 (5). Associate judge not to hear motion to refer (2) An associate judge shall not hear or dispose of a motion made under subsection (1). 2020, c. 11, Sched. 5, s. 14 (3); 2021, c. 4, Sched. 3, s. 20 (2). Reference directed (3) At the trial, a judge may direct a reference to an associate judge, to a person agreed on by the parties or, if the action is for an amount that is within the monetary jurisdiction of the Small Claims Court, as set out under section 23 of the Courts of Justice Act, to a deputy judge of that Court or to the Small Claims Court Administrative Judge. 2020, c. 11, Sched. 5, s. 14 (3); 2021, c. 4, Sched. 3, s. 20 (2). Powers on reference (4) An associate judge to whom a reference has been directed has all the jurisdiction, powers and authority of the court to try and completely dispose of the action and all matters and questions arising in connection with the action, including the giving of leave to amend any pleading and the giving of directions to a receiver or trustee appointed by the court. 2020, c. 11, Sched. 5, s. 14 (3); 2021, c. 4, Sched. 3, s. 20 (2). Powers of person agreed on by parties (4.1) Subsection (4) also applies to a person who is agreed on by the parties and to whom a reference has been directed.  1994, c. 27, s. 42 (7); 2018, c. 17, Sched. 8, s. 17 (1). Powers of Small Claims Court judge (4.2) Subsection (4) also applies to a deputy judge of the Small Claims Court or to the Small Claims Court Administrative Judge, if a reference is directed to him or her. 2017, c. 24, s. 43 (4); 2018, c. 17, Sched. 8, s. 17 (2). Application to set aside order of reference (5) If all or part of an action is referred for trial under subsection (1), any person who subsequently becomes a party to the action may, within seven days after becoming a party to the action, make a motion to a judge of the court that directed the reference to set aside the judgment directing the reference.  1996, c. 25, s. 4 (7); 2017, c. 24, s. 43 (5). Effect on subsequent party to action (6) Where no motion is made under subsection (5), or where the motion is refused, the person who subsequently became a party to the action is bound by the judgment directing the reference as if the person had been a party to the action at the time the reference was directed.  R.S.O. 1990, c. C.30, s. 58 (6). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 42 (5, 7) - 09/12/1994; 1996, c. 25, s. 4 (3-7) - 31/10/1996 2017, c. 24, s. 43 (1-5) - 01/07/2018; 2017, c. 24, s. 73
- 12/12/2017 2018, c. 17, Sched. 8, s. 17 (1, 2) - 06/12/2018 2020, c. 11, Sched. 5, s. 14 (2, 3) - 08/01/2021 2021, c. 4, Sched. 3, s. 20 (2) - 01/09/2021 59 Repealed: 2017, c. 24, s. 44 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 44 (3) - 01/07/2018 60 Repealed: 2017, c. 24, s. 44 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 44 (1), 70 - 12/12/2017; 2017, c. 24, s. 44 (3)
- 01/07/2018 61 Repealed: 2017, c. 24, s. 44 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 44 (2) - 12/12/2017; 2017, c. 24, s. 44 (3)
- 01/07/2018