8(1)Where a cause of action survives against the estate of a deceased person, and there is no personal representative of the deceased person against whom such an action may be brought or continued in this Province, a court of competent jurisdiction, or any judge thereof, may,
(a)
on the application of a person entitled to bring or continue such an action, and
(b)
on such notice as the court or judge may consider proper,
appoint a litigation administrator of the estate of the deceased person.
Liability of litigation administrator
8(2)The litigation administrator is an administrator against whom such an action may be brought or continued and by whom such an action may be defended.
Powers of litigation administrator
8(3)The litigation administrator as defendant in any such action may take any steps that a defendant may ordinarily take in an action, including third party proceedings and the bringing, by way of counterclaim, of any action that survives for the benefit of the estate of the deceased person.
Effect of judgment against litigation administrator
8(4)Any judgment obtained by or against the litigation administrator has the same effect as a judgment in favour of or against the deceased person, or his personal representative, as the case may be, but it has no effect for or against the litigation administrator in his personal capacity.
1969, c.19, s.9; 1986, c.4, s.51