Is a trial de novo required after a judge who had heard a case has died?
Alberta, Canada
The following excerpt is from D’Amico v. Wiemken, 2010 ABQB 785 (CanLII):
In Clarke v. Trask (1901), 1 O.L.R. 207 (H.C.J.), Falconbridge C. J. found that a trial de novo was required after a judge who had heard a case and reserved for further consideration passed away before rendering a decision. Although Falconbridge C.J. noted that the easiest manner in which to dispense with the case was to set it down for argument on the evidence already heard, he felt he did not have the power to do so without consent of the parties.
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