Unilever PLC v. Procter and Gamble Inc.
T-2534-85
Teitelbaum J.
29/5/98
6 pp.
After judgment directing reference to determine damages owing to plaintiffs, parties submitting consent order by which specific judge, Hon. George W. Adams, would be named referee, pursuant to R. 153, to conduct reference; that referee's orders on conduct thereof shall have force and effect of order of Trial Division Judge; and that referee's report on reference be final and becoming judgment of Court when filed-Parties in effect asking that referee be appointed with powers of FCTD Judge-This cannot be done-R. 153(1) authorizing ACJ for Trial Division to designate any other person, other than Judge of Federal Court to act as referee-Pursuant to R. 153(2), FCTD can give directions regarding conduct of reference-Would be most unusual for one TD Judge to give directions to another "Judge" of TD-That is what would happen if George W. Adams were given powers of Trial Judge-Referee cannot have full powers of TD Judge-R. 160 shall apply to referee appointed herein-As R. 163 providing where referee not Judge, referee's report may be appealed only to Division of Court that ordered reference, parties' request that referee's report be considered as final and as if decision of TD, subject to appeal to FCA cannot be granted-With consent of Acting ACJ, appointment of George W. Adams as referee allowed, with powers as stated in Rules-Federal Court Rules, 1998, SOR/98-106, RR. 153(2), 160, 163.