(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.

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

(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.

(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.

(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.

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

(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.

(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.

(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,

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

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.

(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

(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,

(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,

(7) The provisions of

(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,

(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,

(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.

(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.

(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,

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

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.

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

(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.

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.

(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.

(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.