This is an application made by the solicitors for both parties for and on behalf of the parties praying this court “to adopt former proceedings before Mr. Justice Boison.”
The action was originally tried by Boison J. and he heard evidence from both parties. He, however, ceased to be a judge before he could deliver judgment with the result that the action is now before me for hearing.
Clearly the case has to be tried de novo before me. The question however is whether evidence should be heard de novo or whether by consent of all parties, I can adopt the evidence in the former suit as evidence before me at the re-trial without hearing the witnesses afresh. Undoubtedly it would be the most convenient course to accede to the application and there is no doubt that the parties themselves wish me to authorise this course. I have however to be satisfied that this course is open to me.
The usual practice in circumstances of this sort is to hear evidence afresh and I am not personally aware…