79. Where a judge dies, resigns, is unable to exercise his functions or otherwise ceases to do so, the judge who is designated or appointed to replace him has jurisdiction to hear the cases of which the first judge had been seized.
This judge shall sign the minute of each judgment which the first judge rendered in the hearing and which he could not sign for the same reason, provided he is satisfied that the text of the judgment is consistent with the judgment rendered. However, where the court is composed of several judges, the president judge or the judge responsible for the court, as the case may be, may, in the same circumstances and on the same conditions, also sign the minute of such a judgment.
However, if a judge ceases to exercise the functions of office because of an appointment to another court, the judge may, with the agreement of the chief judges or chief justices of the courts concerned, continue and terminate any case of which the judge was seized at the time of the appointment. Failing that, the procedure set out in the first two paragraphs is followed.
For the purposes of this section, a court means a municipal court, the Court of Québec, the Superior Court or the Court of Appeal.
1989, c. 52, s. 79; 2002, c. 21, s. 28; 2005, c. 26, s. 3.