123 (1) In this section, “chief judge” means a person having authority to assign duties to the judge. (“juge en chef”)  R.S.O. 1990, c. C.43, s. 123 (1); 1996, c. 25, s. 1 (21); 2015, c. 27, Sched. 1, s. 1 (13). Application (1.1) This section also applies, with necessary modifications, in respect of deputy judges and associate judges. 2015, c. 27, Sched. 1, s. 1 (14); 2020, c. 11, Sched. 5, s. 11; 2021, c. 4, Sched. 3, s. 15. Decision after retirement, etc. (2) A judge may, within ninety days of, (a)  reaching retirement age; (b)  resigning; or (c)  being appointed to another court, give a decision or participate in the giving of a decision in any matter previously tried or heard before the judge. R.S.O. 1990, c. C.43, s. 123 (2). Inability to give decision; panel of judges (3) Where a judge has commenced a hearing together with other judges and, (a)  dies before the decision is given; (b)  is for any reason unable to participate in the giving of the decision; or (c)  does not participate in the giving of the decision under subsection (2), the remaining judges may complete the hearing and give the decision of the court but, if the remaining judges are equally divided, a party may make a motion to the chief judge for an order that the matter be reheard. R.S.O. 1990, c. C.43, s. 123 (3). Inability to give decision; sitting alone (4) Where a judge has commenced hearing a matter sitting alone and, (a)  dies without giving a decision; (b)  is for any reason unable to make a decision; or (c)  does not give a decision under subsection (2), a party may make a motion to the chief judge for an order that the matter be reheard. R.S.O. 1990, c. C.43, s. 123 (4). Failure to give decision (5) Where a judge has heard a matter and fails to give a decision, (a)  in the case of a judgment, within six months; or (b)  in any other case, within three months, the chief judge may extend the time in which the decision may be given and, if necessary, relieve the judge of his or her other duties until the decision is given. R.S.O. 1990, c. C.43, s. 123 (5). Continued failure (6) Where time has been extended under subsection (5) but the judge fails to give the decision within that time, unless the chief judge grants a further extension, (a)  the chief judge shall report the failure and the surrounding circumstances to the appropriate judicial council; and (b)  a party may make a motion to the chief judge for an order that the matter be reheard. R.S.O. 1990, c. C.43, s. 123 (6). Rehearing (7) Where an order is made under subsection (3), (4) or (6) for the rehearing of a matter, the chief judge may, (a)  dispose of the costs of the original hearing or refer the question of those costs to the judge or judges presiding at the rehearing; (b)  direct that the rehearing be conducted on the transcript of evidence taken at the original hearing, subject to the discretion of the court at the rehearing to recall a witness or require further evidence; and (c)  give such other directions as are considered just. R.S.O. 1990, c. C.43, s. 123 (7). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (21) - 31/10/1996 2015, c. 27, Sched. 1, s. 1 (13, 14) - 03/12/2015 2020, c. 11, Sched. 5, s. 11 - 08/01/2021 2021, c. 4, Sched. 3, s. 15 - 01/09/2021 124 Repealed:  2009, c. 33, Sched. 2, s. 20 (17). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 2, s. 20 (17) - 15/12/2009 Language