Acts and Regulations

I-12 - Insurance Act

Section 266.4
Disposition versions

Full text
Conditions precedent to payment
266.4The Facility Association shall pay out to the person the amount of the judgment including the costs included in the judgment, or that part of the judgment including the costs to which the person is entitled, if
(a) the person makes an affidavit
(i) as to what amount the person has recovered or is or was entitled to recover, from any source, for or in respect of any injury, death or damage to a person or property arising out of the operation, care or control of the automobile by the owner or driver of it against whom the judgment was obtained whether or not, in the action damages were claimed for or in respect of the injury, death or damage and as to what compensation or services or benefits with a pecuniary value the person has recovered or received or is or was entitled to recover or receive for or in respect of the injury, death or damage,
(ii) that the application is not made by or on behalf of an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance and that, subject to subsection 266.1(4), no part of the amount sought to be paid by the Facility Association is sought in lieu of making a claim or receiving a payment that is or was payable by reason of the existence of a contract of insurance and that no part of the amount sought will be paid to an insurer to reimburse or otherwise indemnify an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance, and
(b) the solicitor for the person makes an affidavit
(i) that the judgment is a judgment as described in section 266.3,
(ii) giving particulars of the amount of damages for or in respect of injury or death, damage to property and the costs, included in the judgment,
(iii) that in so far as the solicitor was advised by any person and learned of any facts during the litigation
(A) the solicitor, subject to subsection 266.1(4), has commenced action against all persons against whom the person might reasonably be considered as having a cause of action for or in respect of the injury, death or damage to person or property as described in subparagraph (a)(i),
(B) the application is not made by or on behalf of an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance and that, subject to subsection 266.1(4), no part of the amount sought to be paid by the Facility Association is sought in lieu of making a claim or receiving a payment which is or was payable by reason of the existence of a contract of insurance and that no part of the amount sought will be paid to an insurer to reimburse or otherwise indemnify an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance, and
(C) that except as disclosed in the applicant’s affidavit, the person is and was not entitled to recover, from any source, nor to receive compensation or services or benefits with a pecuniary value, for or in respect of any injury, death or damage to person or property as described in subparagraph (a)(i),
(iv) that the action was defended throughout to judgment or that there was a default or a consent or agreement by or on behalf of the defendant and that the solicitor complied with section 266.8, and
(c) the affidavits together with
(i) a copy of the statement of claim,
(ii) a certified copy of the judgment,
(iii) the assignment of judgment, and
(iv) where applicable, the solicitor’s taxed bill of costs,
are forwarded to the Facility Association.
1989, c.17, s.6
Conditions precedent to payment
266.4The Facility Association shall pay out to the person the amount of the judgment including the costs included in the judgment, or that part of the judgment including the costs to which the person is entitled, if
(a) the person makes an affidavit
(i) as to what amount the person has recovered or is or was entitled to recover, from any source, for or in respect of any injury, death or damage to a person or property arising out of the operation, care or control of the automobile by the owner or driver of it against whom the judgment was obtained whether or not, in the action damages were claimed for or in respect of the injury, death or damage and as to what compensation or services or benefits with a pecuniary value the person has recovered or received or is or was entitled to recover or receive for or in respect of the injury, death or damage,
(ii) that the application is not made by or on behalf of an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance and that, subject to subsection 266.1(4), no part of the amount sought to be paid by the Facility Association is sought in lieu of making a claim or receiving a payment that is or was payable by reason of the existence of a contract of insurance and that no part of the amount sought will be paid to an insurer to reimburse or otherwise indemnify an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance, and
(b) the solicitor for the person makes an affidavit
(i) that the judgment is a judgment as described in section 266.3,
(ii) giving particulars of the amount of damages for or in respect of injury or death, damage to property and the costs, included in the judgment,
(iii) that in so far as the solicitor was advised by any person and learned of any facts during the litigation
(A) the solicitor, subject to subsection 266.1(4), has commenced action against all persons against whom the person might reasonably be considered as having a cause of action for or in respect of the injury, death or damage to person or property as described in subparagraph (a)(i),
(B) the application is not made by or on behalf of an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance and that, subject to subsection 266.1(4), no part of the amount sought to be paid by the Facility Association is sought in lieu of making a claim or receiving a payment which is or was payable by reason of the existence of a contract of insurance and that no part of the amount sought will be paid to an insurer to reimburse or otherwise indemnify an insurer in respect of any amount paid or payable by the insurer by reason of the existence of a contract of insurance, and
(C) that except as disclosed in the applicant’s affidavit, the person is and was not entitled to recover, from any source, nor to receive compensation or services or benefits with a pecuniary value, for or in respect of any injury, death or damage to person or property as described in subparagraph (a)(i),
(iv) that the action was defended throughout to judgment or that there was a default or a consent or agreement by or on behalf of the defendant and that the solicitor complied with section 266.8, and
(c) the affidavits together with
(i) a copy of the statement of claim,
(ii) a certified copy of the judgment,
(iii) the assignment of judgment, and
(iv) where applicable, the solicitor’s taxed bill of costs,
are forwarded to the Facility Association.
1989, c.17, s.6