Appointment of administrator of estate of tortfeasor
12Any person intending to bring or continue an action under this Act may apply to a judge of the court in which the action is to be, or has been, brought to appoint an administrator of the estate of the tortfeasor to act for all purposes of the intended or pending action and as defendant in the action; and the judge, on the notice as he or she may direct, given either specially or generally by public advertisement and to such persons as the judge may designate, may appoint the administrator, if
(a)
within three months after the death of the tortfeasor, no executor of his or her will or administrator of his or her estate has been appointed in the Province, and
(b)
within three months after the death of the tortfeasor, no letters probate of his or her will or letters of administration of his or her estate have been resealed in the Province.