APPENDIX C

REFERENCE RULES

 

1.  Powers of Referee

 

A Referee will have the power:

 

1. to establish the procedure to be followed during the reference;
   
   
2. to determine the location where the reference will be conducted;
   
   
3. to order production of documents and examinations for discovery, if necessary;
   
   
4. 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;
   
   
5. 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;
   
   
6. to mediate the differences at any stage in the proceedings and, if mediation is unsuccessful, to continue with the reference; and
   
   
7. 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.

 

3.  Report of Referee

 

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

$13,457.74 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.