Acts and Regulations

I-12 - Insurance Act

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Ex parte application
214(1)When an insurer admits liability for the insurance money, and it appears to the insurer that any of the following occur, the insurer may apply for an ex parte order under this section:
(a) there are adverse claimants; or
(b) there is no person capable of giving and authorized to give a valid discharge for the insurance money who is willing to do so.
214(2)An insurer may apply ex parte to the court for an order for payment of money into court under this section, and the court may on notice, if any, as it deems necessary, make an order accordingly.
214(3)The court may fix without taxation the costs incurred on or in connection with any application or order made under this section, and may order the costs to be paid out of the insurance money or by the insurer or otherwise as it deems just.
214(4)A payment made in accordance with an order under this section discharges the insurer to the extent of the payment.
1968, c.6, s.214; 2021, c.8, s.34
Ex parte application
214(1)Where the insurer admits liability for the insurance money or any part thereof, and it appears to the insurer that
(a) there are adverse claimants,
(b) the whereabouts of the person entitled is unknown, or
(c) there is no person capable of giving or authorized to give a valid discharge therefor who is willing to do so,
the insurer may apply ex parte to the court for an order for payment of money into court, and the court may upon such notice, if any, as it deems necessary, make an order accordingly.
214(2)The court may fix without taxation the costs incurred upon or in connection with any application or order made under subsection (1), and may order the costs to be paid out of the insurance money or by the insurer or otherwise as it deems just.
214(3)A payment made pursuant to an order under subsection (1) discharges the insurer to the extent of the payment.
1968, c.6, s.214