Acts and Regulations

I-12 - Insurance Act

Section 266.7
Disposition versions

Full text
Conditions precedent to order
266.7(1)The Judge may make an order directed to the Facility Association requiring it, subject to sections 266.2 to 266.993, to pay the amount in respect of the judgment to which the judgment creditor is entitled in accordance with those sections, if the applicant, in and by the application, satisfies the Judge
(a) that the applicant has obtained a judgment as set out in section 266.3, stating whether against an owner, a driver or a Party Unknown, the amount of the judgment, and the amount owing on the judgment at the date of the application,
(b) that, subject to subsection 266.1(4), the applicant has commenced action against all persons against whom the applicant might reasonably be considered as having a cause of action for or in respect of any injury, death or damage to person or property arising out of the operation, care or control of the automobile by the owner or driver against whom the judgment was obtained,
(c) that the applicant has prosecuted every action in good faith to judgment or dismissal,
(d) that, with respect to the amount to be paid, the applicant has not recovered and is and was not entitled to recover, from any source, any amount for or in respect of the injury, death or damage to person or property described in paragraph (b),
(e) that, with respect to the amount to be paid, the applicant has not received and is and was not entitled to receive from any source any compensation or services or benefits with a pecuniary value for or in respect of the injury, death or damage to person or property described in paragraph (b),
(f) 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 out 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,
(g) that the amount sought to be paid out by the Facility Association does not exceed the maximum amount payable under section 266.98.
266.7(2)The Facility Association may appear and be heard on the application and may show cause why the order should not be made.
1989, c.17, s.6
Conditions precedent to order
266.7(1)The Judge may make an order directed to the Facility Association requiring it, subject to sections 266.2 to 266.993, to pay the amount in respect of the judgment to which the judgment creditor is entitled in accordance with those sections, if the applicant, in and by the application, satisfies the Judge
(a) that the applicant has obtained a judgment as set out in section 266.3, stating whether against an owner, a driver or a Party Unknown, the amount of the judgment, and the amount owing on the judgment at the date of the application,
(b) that, subject to subsection 266.1(4), the applicant has commenced action against all persons against whom the applicant might reasonably be considered as having a cause of action for or in respect of any injury, death or damage to person or property arising out of the operation, care or control of the automobile by the owner or driver against whom the judgment was obtained,
(c) that the applicant has prosecuted every action in good faith to judgment or dismissal,
(d) that, with respect to the amount to be paid, the applicant has not recovered and is and was not entitled to recover, from any source, any amount for or in respect of the injury, death or damage to person or property described in paragraph (b),
(e) that, with respect to the amount to be paid, the applicant has not received and is and was not entitled to receive from any source any compensation or services or benefits with a pecuniary value for or in respect of the injury, death or damage to person or property described in paragraph (b),
(f) 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 out 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,
(g) that the amount sought to be paid out by the Facility Association does not exceed the maximum amount payable under section 266.98.
266.7(2)The Facility Association may appear and be heard on the application and may show cause why the order should not be made.
1989, c.17, s.6