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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER J-3

AN ACT RESPECTING JUDGMENT RECOVERY (NFLD.) LTD.

Analysis

1. Short title

2. Definitions

PART I
JUDGMENT RECOVERY (NFLD.) LTD.

3. Corporation continued

4. Objects and powers

5. Acquisition and use of land

6. Membership

7. Actions by and against company

8. Directors

9. Tenure of office and voting

10. By-laws

11. Annual and special meetings

12. Quorum

13. No annual meeting except by resolution

14. Operating costs

15. Assessment of members

16. Default in payment of assessment

17. Failure to make assessment

18. Failure to make assessment

19. No provincial fees or taxes payable

20. Company may cease operating

PART II
JUDGMENT RECOVERY

21. Application to court

22. Action by non-resident

23. Application to add minister as defendant

24. Exclusion on judgment

25. Discovery of driver's identity

26. Application to company

27. Affidavit of judgment creditor

28. Effect of settlement

29. Determination of obligations

30. Default judgment

31. Information given by claimant

32. Restoration of licence

33. Company shall inform registrar

34. Assignment of right

35. Regulations

36. Minister may delegate powers

37. Suspension of part


Short title

1. This Act may be cited as the Judgment Recovery (Nfld.) Ltd. Act.

1988 c9 s1

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Definitions

2. In this Act

(a) "company" means Judgment Recovery (Nfld.) Ltd.;

(b) "minister" means the Minister of Justice; and

(c) "policy" means a policy of automobile insurance within the meaning of the Automobile Insurance Act.

1988 c9 s2; 1989 c19 Sch B

PART I
JUDGMENT RECOVERY (NFLD.) LTD.

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Corporation continued

3. Judgment Recovery (Nfld.) Ltd. is continued as a corporation.

1988 c9 s3

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Objects and powers

4. The objects of the company are and it has power

(a) to pay unsatisfied judgments arising out of automobile accidents to the limits and on the terms and conditions prescribed in Part II;

(b) to defend, where it considers it desirable, uncontested 3rd party liability actions arising out of automobile accidents in accordance with Part II;

(c) to negotiate agreements with claimants and obtain consent judgments referred to in Part II;

(d) to take and exercise subrogation of the rights of judgment creditors in respect of whose judgment the company has made payment on the terms and conditions contained in Part II;

(e) generally to ensure that victims of uninsured or otherwise financially irresponsible motorists are expeditiously indemnified to the extent and on the terms and conditions contained in Part II; and

(f) to enter into financial or other agreements or arrangements with the government of the province or with a chartered bank that may be necessary to accomplish its objects.

1988 c9 s4

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Acquisition and use of land

5. The company has the power to acquire office space and equipment, buildings or lands that it considers necessary for the carrying out of its aims, objects and purposes, and to sell them.

1988 c9 s5

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Membership

6. The company shall consist only of those persons named in section 2 of The Judgment Recovery (Nfld.) Ltd. Act, the predecessor Act to this Act, or their successors, in this Act referred to as group one, and insurers that may be licensed to issue a policy of motor vehicle liability insurance in the province, in this Act referred to as group two.

1988 c9 s6

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Actions by and against company

7. The company may sue or be sued in its corporate name and may defend and prosecute actions in connection with or relative to its objects or the carrying out of this Act.

1988 c9 s7

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Directors

8. (1) The affairs of the company shall be managed by not less than 4 or more than 7 directors.

(2) A vacancy in the office of a director caused by death, resignation or refusal or inability to act may be filled by a person who is appointed by the directors remaining in office.

1988 c9 s8

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Tenure of office and voting

9. (1) Each director shall hold office for a term of 1 year and shall be eligible for re-election.

(2) Voting shall be by the representatives of group two members present at meetings or by proxy.

1988 c9 s9

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By-laws

10. The directors shall have power to make, amend or repeal by-laws consistent with this Act or with the laws of the province relating to matters connected with the management of the company.

1988 c9 s11

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Annual and special meetings

11. (1) Annual meetings shall be held on a date and at a time and place that may be determined by the directors.

(2) Special meetings of the company may be called by not less than 2 of the directors or by the petition of 20 or more members of group two presented to the directors at the chief address of the company.

(3) The directors shall notify all members of the company of the time and place of an annual or special meeting.

1988 c9 s12

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Quorum

12. A majority of group two members represented by proxy or otherwise constitute a quorum.

1988 c9 s13

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No annual meeting except by resolution

13. Notwithstanding section 11, the company shall not be bound to hold an annual meeting unless it is resolved to do so at a special meeting of the company.

1988 c9 s14

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Operating costs

14. The cost of operating the company together with the obligations it may assume shall be shared by all members of group two rateably in proportion to each member's share of the total motor vehicle liability insurance premiums written in the province.

1988 c9 s15

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Assessment of members

15. (1) The directors shall assess members of group two on the basis set out in section 14 at those times that they think appropriate.

(2) Where a member of group two fails to pay the company an amount so assessed, the company shall have a right of action to recover the amount together with costs against the member.

1988 c9 s16

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Default in payment of assessment

16. Where the company is unable to recover the amount assessed against a member of group two, the directors may require that the total of that amount be contributed by the other members of group two in the manner set out in section 14.

1988 c9 s17

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Failure to make assessment

17. Where the directors fail to make and collect sufficient assessments under sections 15 and 16, the President of Insurance Bureau of Canada shall do so and shall have the rights and powers of the directors in that regard.

1988 c9 s18

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Failure to make assessment

18. Where the President of Insurance Bureau of Canada fails to make and collect sufficient assessments under section 17, the minister has the power and authority to assume the rights provided in that section.

1988 c9 s19

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No provincial fees or taxes payable

19. The fees payable under the Corporations Act and for the incorporation of companies under a special Act or other provincial fees or taxes under another Act of the Legislature shall not be payable by the company.

1988 c9 s20

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Company may cease operating

20. (1) The company has the power and authority to cease operations in the province upon giving the minister 6 months' notice in writing expiring on March 31.

(2) The company shall be liable in respect of judgments for which it would ordinarily be responsible arising from causes of action which occur before April 1.

1988 c9 s21

PART II
JUDGMENT RECOVERY

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Application to court

21. (1) Where bodily injury to or the death of a person is caused in the province by a motor vehicle but the identity of the motor vehicle and of the driver and owner cannot be established, a person who would be entitled to bring an action against the owner or driver of the motor vehicle to recover damages resulting from the bodily injury or death may, upon 21 days' notice to the minister, apply

(a) to a judge of the Trial Division for an order permitting him or her to bring an action against the minister in that court; or

(b) to a Provincial Court judge for an order permitting him or her to bring an action against the minister in the Provincial Court.

(2) Upon the hearing of the application the applicant shall show that

(a) bodily injury to or death has been occasioned in the province to some person by, or arising out of, the ownership, maintenance, operation or use of a motor vehicle after May 10, 1956;

(b) the identity of the owner and driver of the motor vehicle has not, after a thorough search, been determined;

(c) the applicant is a person entitled to bring the action;

(d) the application is not made by or on behalf of an insurer in respect of an amount paid or payable by reason of the existence of a policy;

(e) no part of the amount sought to be recovered in the intended action is sought instead of making a claim or receiving a payment which is payable because of the existence of a policy; and

(f) no part of the amount so sought will be paid to an insurer to reimburse or otherwise indemnify the insurer in respect of an amount paid or payable by it because of the existence of a policy.

(3) Where the judge is satisfied of the truth of the matters shown by the applicant as required by subsection (2) and the applicant has complied with that subsection, the judge may make an order permitting the applicant to bring an action against the minister.

(4) Where an order is made under subsection (3), the applicant may, within 60 days after the date of the order, bring and maintain an action in the court having jurisdiction in respect of the matter against the minister as a nominal defendant to recover damages for the bodily injury or death referred to in subsection (1).

(5) The minister shall for all purposes of the action referred to in subsection (4) be considered to be the defendant and may deny generally the allegations contained in the statement of claim and shall not be required to set out the facts upon which the minister relies.

(6) The minister shall not be liable either personally or in his or her capacity as minister to satisfy a judgment recovered under this section or to pay costs or disbursements allowed or awarded in respect of the judgment.

(7) An action shall not be brought against the minister under this section after the expiration of 1 year from the date on which the cause of action arose.

(8) A judge having jurisdiction in the matter may upon application, having regard to all the circumstances of the case, extend the time allowed by subsection (7) for bringing an action against the minister.

1988 c9 s22

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Action by non-resident

22. An action shall not be brought against the minister under section 21 by or on behalf of a person who ordinarily lives outside the province unless that person lives in a jurisdiction in which recourse of a substantially similar character to that provided by this Part is given to residents of the province.

1988 c9 s23

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Application to add minister as defendant

23. (1) Where an action has been started in respect of the injury to or the death of a person occasioned in the province by a motor vehicle, an application may be made by the plaintiff to add the minister as a defendant and section 21 applies with the necessary changes.

(2) This section does not derogate from the right of a party to an action to add or join a person as a party to the action in accordance with the practice of the court in which the action is pending.

1988 c9 s24

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Exclusion on judgment

24. A judgment obtained against the minister by section 21 or section 23 shall not include an amount for compensation or indemnity for damages in respect of which the plaintiff has received or is entitled to receive compensation or indemnity from a person other than the driver or owner of the motor vehicle which caused the personal injury or death.

1988 c9 s25

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Discovery of driver's identity

25. (1) Where an action is brought under section 21 and before judgment is recovered in the action, the identity of the owner or driver, or both, of the motor vehicle to which reference is made in that section is ascertained, no further proceedings in the action shall be taken but the costs incurred in the action by the person bringing it shall be a debt due to that person by the owner and by the driver of the motor vehicle individually, and may be added by that person to the amount of claim against the owner or the driver, or both.

(2) Where a judgment is recovered under section 21 and later the identity of the owner or driver, or both, of the motor vehicle to which reference is made in that section is ascertained,

(a) the person who brought the action; or

(b) where the judgment or a part of it has been paid by the company, the company

may apply to a judge of the Trial Division for an order directing that the amount of the damages awarded by the judgment and the costs included in the judgment, together with costs of the application made under this section, shall be awarded to the applicant as a judgment of the court to be recovered against the person named as respondent in the application, being the owner or driver, or both.

(3) Where an application is made under this section, the judge shall hear the evidence and where the judge is satisfied

(a) that a respondent named in the application was, at the time of the accident that caused the bodily injury or death giving rise to the action in which the judgment was recovered, the owner or driver, or both, of the motor vehicle involved in that accident; and

(b) that the respondent referred to in paragraph (a) is the person whose identity the applicant referred to in subsection 21(2) was unable to ascertain and because of that inability the applicant obtained an order under subsection (3) of that section,

the judge may make the order for which application is made, and the order shall be entered as a judgment of the court against the person named as respondent in the order and for the amount stated in the order.

(4) It is not a defence to the making of an order under subsection (3) for a person named in the application to show only that the accident was not caused by or did not occur because of the negligence or improper conduct on the part of that person.

(5) Where a judgment is entered in accordance with subsection (3) pursuant to a judgment recovered under section 21 the entry of the judgment first-mentioned shall, except as provided in subsection (7), be considered to be satisfaction of the judgment recovered under section 21.

(6) Subsection (5) shall not prevent the company from taking an action that it may be entitled to take to recover sums paid by it under a judgment obtained against the minister by section 21.

(7) A judgment entered under subsection (3) is considered to be a judgment to which section 80 of the Highway Traffic Act applies.

(8) Where the company pays the amount of the judgment against the minister in accordance with section 26, where subsequently an order is made and entered by the company as a judgment under subsection (3) against the owner or driver or both of a motor vehicle, the amount so paid by the company shall be considered to have been paid in or toward satisfaction of a judgment against the owner or driver or both within the meaning of section 34.

(9) This section is subject to section 199 of the Highway Traffic Act.

1988 c9 s26

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Application to company

26. (1) Where in a court in the province a final judgment in an amount exceeding $100 is recovered in an action for damages resulting from bodily injury to or the death of a person or for damage to property and the injury, death or damage was occasioned by or arose out of the operation, ownership, maintenance or use of a motor vehicle by the judgment debtor within the province, the judgment creditor may, subject to this Part, apply to the company for payment of a judgment referred to in this section.

(2) The company within 7 days after an application is made to it under this section shall pay to the judgment creditor the amount of the judgment or the balance owing on the judgment, together with 1/2 of the solicitor's costs of the action, as taxed on a party and party basis, plus actual disbursements in the action so taxed, and the actual disbursements of the judgment creditor incurred in making the application to the company.

(3) The company shall not be required to pay a sum in respect of a claim made by or on behalf of an insurer because of the existence of a policy or a claim by or on behalf of the Crown in right of Canada.

(4) The company is not liable to pay in respect of damages

(a) more than $10,000, exclusive of costs, on account of injury to or the death of 1 person and, subject to that limit for any 1 person so injured or killed, not more than $20,000, exclusive of costs, on account of injury to or the death of more than 1 person in 1 accident; and

(b) more than $5,000 exclusive of costs, for damage to property resulting from any 1 accident, subject to a deductible of $200.

(5) The company shall, subject to a deductible amount of $200 with respect to a claim arising out of damage to property, not be liable to pay more than $35,000, exclusive of interest and costs, against liability resulting from bodily injury to or the death of 1 or more persons and loss of or damage to property, and where in any 1 accident loss or damage results from bodily injury or death and loss or damage to property,

(a) a claim arising out of bodily injury or death shall have priority over a claim arising out of loss of or damage to property to an amount of $30,000; and

(b) a claim arising out of loss of or damage to property shall have priority over a claim arising out of bodily injury or death to an amount of $5,000.

(6) The company shall, subject to a deductible amount of $200 with respect to a claim arising out of damage to property, not be liable to pay more than $75,000, exclusive of interests and costs, against liability resulting from bodily injury to or the death of 1 or more persons and loss of or damage to property, and where in any 1 accident loss or damage results from bodily injury or death and loss or damage to property,

(a) a claim arising out of bodily injury or death shall have priority over a claim arising out of loss of or damage to property to an amount of $65,000; and

(b) a claim arising out of loss of or damage to property shall have priority over a claim arising out of bodily injury or death to an amount of $10,000.

(7) The provisions of

(a) subsection (4) apply where the cause of action arose before April 1, 1965;

(b) subsection (5) apply where the cause of action arose on or after April 1, 1965, but before April 1, 1974; and

(c) subsection (6) apply where the cause of action arose on or after July 1, 1974.

(8) Where a cause of action arises after October 1, 1983 in relation to an accident causing loss or damage from bodily injury or death or loss or damage to property, the company shall, subject to a deductible amount of $200 with respect to a claim arising out of damage to property, not be liable to pay more than the limit set out in subsection 21(1) of the Automobile Insurance Act, exclusive of interest and costs, against liability resulting from bodily injury to or the death of 1 or more persons and loss of or damage to property, and where in any 1 accident loss or damage results from bodily injury or death and loss or damage to property,

(a) a claim arising out of bodily injury or death shall have priority over a claim arising out of loss or damage to property to an amount set out in paragraph 21(2)(a) of the Automobile Insurance Act; and

(b) a claim arising out of loss of or damage to property shall have priority over a claim arising out of bodily injury or death to an amount set out in paragraph 21(2)(b) of the Automobile Insurance Act.

(9) The company is not liable to pay a sum to a judgment creditor until the judgment creditor assigns the judgment to the company.

(10) Notwithstanding that the judgment creditor has assigned the judgment to the company, the judgment debtor may pay the sum of $200 or a lesser amount where one has been deducted to the Registrar of the Supreme Court who shall hold the amount in trust for the judgment creditor.

(11) When a copy of the assignment of judgment to the company, certified by its appointee to be a true copy, is filed with the registrar of the court in which the judgment was obtained, or with the court where there is no registrar, the company is, for all purposes related to recovery of the amount due on the judgment, considered to be the judgment creditor.

(12) Notwithstanding subsection (11), the company shall not be entitled to recover a part of the sum of $200 referred to in subsections (4), (5) and (6) or (8).

(13) The company shall notify the Registrar of Motor Vehicles of every payment made by it under this section and shall provide the registrar with a certificate of the judgment in respect of which the payment was made from the court in which the judgment was rendered.

(14) Notwithstanding another provision of this Part or another statute or law,

(a) where, arising out of the operation, ownership, maintenance or use of a motor vehicle a person has incurred expenses under the Hospital Insurance Agreement Act and the regulations made under that Act, that person may assign to the Minister of Health the right to recover those expenses by action in the name of that person against the person alleged to have caused the injuries in respect of which that person has incurred those expenses, and the Minister of Health may enforce that right in a court;

(b) the company shall not be required to pay a sum in respect of a claim made by or on behalf of the Minister of Health under the Hospital Insurance Agreement Act and the regulations made under that Act; and

(c) nothing in paragraph (a) shall operate to prevent an injured person or his or her representative by separate action from instituting proceedings against the alleged negligent party to recover or from recovering damages resulting from bodily injury to or the death of a person arising out of the same circumstances.

(15) This section does not apply with respect to a judgment recovered for damages caused to a motor vehicle owned by the judgment creditor while in the possession of the judgment debtor with or without the consent of the judgment creditor.

1988 c9 s27

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Affidavit of judgment creditor

27. (1) Where applying to the company for payment of an amount under a claim, the judgment creditor shall accompany the application with an affidavit setting out

(a) that he or she has received

(i) nothing under the judgment or as the result of the accident giving rise to the judgment, or

(ii) as a result of the accident, from or on behalf of the judgment debtor no more than an amount stated in the affidavit and the source of that amount and the value of real property, goods or services so received as determined under subsection (4);

(b) that no part of the amount sought by the judgment creditor will be paid to an insurer to reimburse or otherwise indemnify the insurer in respect of an amount paid or payable by the insurer because of the existence of a policy; and

(c) that no part of the amount sought from the company is sought instead of making a claim or, to the best of the judgment creditor's knowledge, information and belief, for the purpose of receiving a payment that is or may be payable because of the existence of a policy.

(2) A judgment creditor who fails to state correctly the amount received as required under paragraph (1)(a) is guilty of an offence and liable on summary conviction to a penalty of not more than $1,000 and, whether or not the judgment creditor is charged under this subsection, the company has a right of action for an amount not divulged as required under that paragraph.

(3) The company is not liable to pay the judgment creditor an amount greater than the amounts set out in subsections 26(4), (5), (6) and (8), less an amount stated in the affidavit required by this section.

(4) The judgment creditor shall pay the company an amount, or the value in dollars, to be determined by a judge of the Trial Division, of real property, goods or services that he or she recovers subsequent to payments by the company from or on behalf of the judgment debtor as a result of the judgment, and the company has a right of action against the judgment creditor to recover those amounts.

(5) Where the company recovers an amount on a judgment that has been assigned to it, that amount becomes and remains its property unless and until the Lieutenant-Governor in Council directs that, because of unusual or extreme circumstances, the original judgment creditor is entitled to receive the amount by which that recovered exceeds the amount paid out by the company with interest on the excess amount recovered at a rate that may be fixed by the minister from the date of the recovery less all costs, including solicitor's costs on a solicitor and client basis, incurred by the company in making the recovery.

(6) The company is not required to pay an amount in respect of a judgment in favour of a person who does not ordinarily live in the province unless that person lives in a jurisdiction in which recourse of a substantially similar character to that provided by this Part is given to residents of the province.

1988 c9 s28

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Effect of settlement

28. (1) Where a settlement is made in respect of a cause of action for damages for bodily injury to or death of a person or damage to property occasioned by or arising out of the operation, ownership, maintenance or use of a motor vehicle within the province, then for the purposes of sections 26, 27, 32 and 33 the settlement shall be considered to be a judgment, the settlement obligor shall be considered to be a judgment debtor, and the settlement obligee shall be considered to be a judgment creditor.

(2) A person having a cause of action for damages for bodily injury to or the death of a person or damage to property occasioned by or arising out of the operation, ownership, maintenance or use of a motor vehicle within the province may, whether a statement of claim has been issued or not, negotiate a settlement of the cause of action with the person against whom the cause of action exists, provided that,

(a) the company is a party to the negotiation and consents to the settlement; and

(b) the settlement so consented to by the company is approved by a judge of the Trial Division.

(3) Where, in a cause of action for damages to property only in an amount not in excess of $1,000,

(a) the person against whom the cause of action exists has been sent by the company a registered letter, in a form that the minister may approve, directed to that person at that person's address as shown in the records of the Motor Registration Division, or, where that person has a different address, to the knowledge of the company, then to both addresses, requesting that person's co-operation in negotiating a settlement of the cause of action with the person having the cause of action; and

(b) the person to whom the registered letter has been sent does not, within 20 days after the mailing of the registered letter, give the co-operation or forward to the company a written denial of liability for damage arising out of the action,

the company may take on behalf of and in the name of the person against whom the cause of action exists the steps that that person might have taken to negotiate a settlement of the cause of action, and all acts of the company in negotiating and effecting the settlement are considered for that purpose to be the acts of the person against whom the cause of action exists.

(4) Where the consent of the company mentioned in subsection (2) is given to at least the limits set out in section 26 a larger amount may be agreed upon by the parties to the settlement, other than the company, but, nothing contained in this section shall impose an obligation on the company to pay an amount in excess of those limits.

(5) No costs shall be payable by the company but it may in its discretion grant an amount that it considers appropriate instead of costs.

(6) Where negotiation for a settlement is proceeded with up to the expiry of the time limited for instituting an action, the person having a cause of action shall have a further period of 2 weeks within which to begin the action.

1988 c9 s29

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Determination of obligations

29. (1) Where

(a) an application is made to the company for payment of a claim for loss or damages occasioned by or arising out of the operation, ownership, maintenance or use of a motor vehicle, whether or not an originating notice has been issued or a judgment has been entered;

(b) it appears or is alleged that an insurer may be obligated under a policy to respond to the claim; and

(c) the insurer denies that he or she is so obligated,

the company may within a reasonable period of time but not to exceed 60 days from the date of the application, make an application, without giving notice to other interested parties, to a judge of the Trial Division to set a date for a hearing to determine whether the insurer has that obligation.

(2) The company shall, at least 14 days before the date set for the hearing, give notice of the hearing by serving a copy of the order in the manner provided in the order on

(a) the insurer appearing or alleged to be obligated to respond to the claim;

(b) the owner and the driver of the motor vehicle referred to in paragraph (1)(a); and

(c) the person making the claim.

(3) Not later than 7 days before the date of the hearing an insurer that has been served with a copy of an order under subsection (2) shall deliver to the company and file in the court a statement of the grounds upon which it bases its denial of an obligation to respond to the claim.

(4) On the date fixed for the hearing the judge shall hear the evidence brought forward by the company, the insurer and the persons referred to in paragraphs (2)(b) and (c) and shall determine whether or not the insurer is obligated to respond to the claim referred to in subsection (1).

(5) The judge may adjourn the hearing and require additional evidence to be called or that the notice of the hearing be served on those additional persons that may be necessary to enable the court to determine the question of the insurer's obligation.

(6) On a hearing under this section no evidence, argument or finding shall be brought forward or made respecting the liability of an owner or driver of a motor vehicle or the amount or extent of that liability or the amount of the liability or obligation of an insurer.

(7) Notwithstanding subsection (6), evidence or argument purporting to establish a defence referred to in section 28 of the Automobile Insurance Act may be brought forward or made at a hearing under this section and where they are brought forward or made the judge shall make a finding whether the defence constitutes an effective defence under section 28 of that Act against the person alleged to be insured but not effective as against a claimant.

(8) Nothing in subsection (7) prejudices the right of an insurer subsequently to require a judgment relating to the liability of his or her insured as a condition precedent to making payment to a claimant.

(9) Where a finding under this section is that an insurer is not obligated to respond to a claim, the company shall respond to the claim according to this Act.

(10) The company and the insurer are not entitled to their costs in connection with a hearing under this section but shall bear other costs of the hearing equally unless because of special circumstances the judge otherwise orders.

(11) Subsection (10) does not apply to costs of an appeal from a finding or order made under this section.

(12) Where a hearing is ordered to be held under this section, further proceedings with respect to the claim that is the subject of the hearing are stayed until the obligation of an insurer or of the company to respond to the claim has been finally determined by the judge or on appeal and a further 10 days have elapsed.

1988 c9 s30

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Default judgment

30. (1) Where in an action in a court in the province for damages resulting from bodily injury to or the death of a person or damage to property in an amount in excess of $200

(a) the defendant does not enter an appearance;

(b) the defendant does not file a statement of defence;

(c) the defendant does not, after filing an appearance or defence, or both, appear in person or by counsel at the trial or on the assessment of damages; or

(d) the defendant is prepared to consent or to agree to the entry of judgment against him or her,

judgment shall not be entered by default or upon consent or agreement and damages shall not be assessed until notice of intention to enter judgment or to assess damages has been given to the company and the company has not, within 30 days after giving of that notice, intervened in the action.

(2) When the company receives notice under subsection (1), it may intervene in the action and take on behalf of and in the name of the defendant the steps that the defendant might have taken in the action.

(3) Where, under subsection (2), the company intervenes in an action, it may, on behalf of and in the name of the defendant, enter an appearance, file a statement of defence, conduct the defence, consent to judgment in an amount that it considers appropriate, or do other acts that the defendant might have done, and all acts of the company are considered to be the acts of the defendant.

(4) Where the company intervenes in an action in accordance with subsection (2) and makes an investigation as a result of which it is determined that the defendant was insured under a policy of automobile insurance covering 3rd party liability at the time of the accident, the plaintiff shall pay to the company its costs incurred in investigating the cause of action.

1988 c9 s31

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Information given by claimant

31. Where a claim for payment or a notification under subsection 30(1) is made or given to the company, the company shall not be obliged to take a step in a proceeding, respond to the claim or request for payment, nor make a payment to a person, unless the claimant or the plaintiff proceeding under subsection 30(1) has first provided in writing to the company the following information:

(a) a copy of the statement of claim issued by or on behalf of the plaintiff or claimant concerning the subject matter of the claim;

(b) the name and last known address of the owner and of the operator of the vehicle alleged to have caused the damages being claimed;

(c) a copy of the information available to a person under subsection 173(1) of the Highway Traffic Act; and

(d) where the information referred to in paragraph (c) reveals the alleged existence of a policy covering any or all of the subject matter of the claim, a statement of the basis on which the alleged insurer denies liability to the claimant or plaintiff under the alleged policy.

1988 c9 s32

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Restoration of licence

32. Where the driver's licence of a person, or the vehicle licence of a motor vehicle registered in the person's name, has been suspended or cancelled under the Highway Traffic Act and the company has paid an amount in or towards satisfaction of a judgment and costs, or either of them, recovered against that person, the cancellation or suspension shall not be removed nor the driver's licence or vehicle licence be restored nor a new driver's licence or vehicle licence be issued to that person until he or she has satisfied all requirements of the Highway Traffic Act in respect of giving proof of financial responsibility and

(a) has repaid in full to the company the amount so paid by it, together with interest on that amount from the date of payment at a rate to be fixed by order of the minister; or

(b) has entered into and is carrying out an arrangement for repayment to the company of the amount so paid by it in instalments calculated by the company and satisfactory to it, including payment of interest at the rate that may be ordered, with effect from an earlier or later date that may be fixed by order of the minister; or

(c) has received from the company a satisfaction piece or release of the judgment in respect of which payment was made by the company; and

(d) in addition to the foregoing, has paid to the Registrar of the Supreme Court the full amount of the deductible or the applicable part of that amount referred to in section 26, which payment the Registrar of the Supreme Court is to receive in trust for the judgment creditor and a receipt from the Registrar of the Supreme Court evidencing the payment shall be sent to the Registrar of Motor Vehicles.

1988 c9 s33

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Company shall inform registrar

33. (1) The company shall, with respect to judgments assigned to it, inform the Registrar of the Supreme Court of the amount of a deductible in a policy held by the original judgment creditor at the time of the accident out of which the judgment arose which provided coverage against damage to the motor vehicle of the judgment creditor involved in that accident.

(2) The Registrar of the Supreme Court shall, where he or she has received the $200 or the applicable part of that amount referred to in subsection 26(10), pay to the original judgment creditor the amount of a deductible incurred by the judgment creditor referred to in subsection (1), together with, in the absence of property damage to the motor vehicle of the judgment creditor, the amount that may be applicable to property damage contemplated by the judgment other than to the motor vehicle up to $200 or the applicable part of that amount received by the registrar.

1988 c9 s34

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Assignment of right

34. (1) Notwithstanding another statute or law, where, arising out of the operation, ownership, maintenance or use of a motor vehicle, a person has a claim which includes an amount exceeding $100 for damage to property, whether or not the claim includes damages resulting from bodily injury to or the death of a person arising out of the same circumstances, that person may, where his or her insurer under a contract of automobile insurance has paid or agreed to pay an amount in settlement of a portion of the claim for damage to property, assign to the insurer the right to recover by action in the name of the insurer against the person alleged to have caused the damage the amount paid or agreed to be paid to the insured.

(2) The insurer may enforce the right granted by subsection (1) in a court and the insured may by separate action recover damages resulting from bodily injury to or the death of a person arising out of the same circumstances.

1988 c9 s35

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Regulations

35. Subject to the approval of the Lieutenant-Governor in Council, the minister may make regulations for the more effective carrying out of this Part.

1988 c9 s36

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Minister may delegate powers

36. The minister may delegate to a person the powers or duties conferred or imposed upon him or her under this Part.

1988 c9 s37

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Suspension of part

37. Sections 26 to 32 apply to or in respect of judgments or claims for damages arising out of the ownership, maintenance, operation or use of a motor vehicle after March 31, 1960, and before a later date that the Lieutenant-Governor in Council declares to be the date from which those sections shall no longer apply.

1988 c9 s38

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