74(1)Where the judge before whom any action, cause, matter or other proceeding under this Act is tried dies or retires, or for any other reason ceases to hold office, before disposing of it, or having heard it has not disposed of it within six months thereafter, any party may, upon notice to all of the parties, apply to the Chief Justice of the Court of King’s Bench for an order that the action, cause, matter or other proceeding be reheard or otherwise disposed of by a judge of the Court whom he designates.

74(2)An order made under subsection (1) shall name the place where the action, cause, matter or other proceeding is to be reheard or otherwise disposed of and, in making such order, the Chief Justice may give such other directions as he considers proper.

74(3)No proceedings in the action, cause, matter or other proceeding shall thereafter be taken without the order of the Chief Justice after such notice as he may provide.

74(4)Upon such rehearing or other disposition, the evidence, exhibits and papers used at the trial shall be read and, after argument by counsel, the presiding judge shall deal with the action as on an original trial and shall direct that judgment be entered by the clerk of the Court in accordance with his findings.

74(5)The costs of the rehearing or other disposition shall be fixed by the judge presiding at the rehearing, who shall also direct by whom they are to be paid.

74(6)An appeal lies from such judgment or finding in the same manner and on the same terms as if the judgment had been pronounced at the trial.

74(1)Where the judge before whom any action, cause, matter or other proceeding under this Act is tried dies or retires, or for any other reason ceases to hold office, before disposing of it, or having heard it has not disposed of it within six months thereafter, any party may, upon notice to all of the parties, apply to the Chief Justice of the Court of Queen’s Bench for an order that the action, cause, matter or other proceeding be reheard or otherwise disposed of by a judge of the Court whom he designates.

74(2)An order made under subsection (1) shall name the place where the action, cause, matter or other proceeding is to be reheard or otherwise disposed of and, in making such order, the Chief Justice may give such other directions as he considers proper.

74(3)No proceedings in the action, cause, matter or other proceeding shall thereafter be taken without the order of the Chief Justice after such notice as he may provide.

74(4)Upon such rehearing or other disposition, the evidence, exhibits and papers used at the trial shall be read and, after argument by counsel, the presiding judge shall deal with the action as on an original trial and shall direct that judgment be entered by the clerk of the Court in accordance with his findings.

74(5)The costs of the rehearing or other disposition shall be fixed by the judge presiding at the rehearing, who shall also direct by whom they are to be paid.

74(6)An appeal lies from such judgment or finding in the same manner and on the same terms as if the judgment had been pronounced at the trial.