59Provisions as to conclusiveness of certificates etc.

59 Provisions as to conclusiveness of certificates etc. (1) A provision in a contract or instrument to the effect that a certificate, statement or opinion of a person is, or is to be received as, conclusive evidence of a fact contained in the certificate, statement or opinion is to be construed to mean only that the certificate, statement or opinion is, or is to be received as, prima facie evidence of that fact. (2) Subsection (1) does not apply to: (a) a certificate, statement or opinion of a person who, in making the certificate or statement or in forming the opinion, is bound to act judicially or quasi-judicially or as an arbitrator or quasi- arbitrator; or (b) a provision in a contract or instrument agreed to after a dispute has arisen relating to a fact referred to in (a) applies only to a contract made, or an instrument executed, after the commencement of this Act; (b) has effect despite any term to the contrary in the contract or instrument; and (c) has effect subject to the appearance of a contrary intention in an Act or an instrument of a legislative or administrative character. (4) In this section, fact includes any matter, thing, event, circumstance or state of affairs.