Insufficient case
64.15 Insufficient case
(1) Where it appears to the
Court that a stated case does not state the facts and documents sufficiently to enable it to hear and determine the proceeding on the stated case, it may:
(a) with the consent of all interested parties, add to or otherwise alter the stated case;
(b) send the stated case back to the authority by which it was stated for the purpose of addition or other alterations; or
(c) receive evidence, make findings of fact and add to or otherwise alter the stated case in accordance with the findings of fact of the Court.
(2) The Court shall not exercise its powers under subrule (1)(c) in respect of a stated case in a criminal proceeding.
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