How have courts interpreted the principle of equalization in the context of the Rules of Justice?

British Columbia, Canada


The following excerpt is from International Fence-Crete Installations Ltd. v. Pacific Prebenched Ltd., 1996 CanLII 2488 (BC SC):

15 In Race v. Anderson et al, [1886] 14 O.A.R. 213, Hagarty, C.J.O., held, at p. 216: No principle is more important to be preserved intact than that which declares that every referee must scrupulously hold the balance evenly between litigant parties, and to hear nothing and know nothing (so far as is possible) urged or presented to him for or against one of the parties in the absence of the other, or without that other having the opportunity of knowing or answering it.

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