Acts and Regulations

I-12 - Insurance Act

Section 266.8
Disposition versions

Full text
Notice of default of defendant
266.8(1)Where an action is commenced and the defendant
(a) fails to file and serve a statement of defence,
(b) fails to appear in person or by counsel at an examination for discovery, trial or appeal or notifies the plaintiff that such failure is likely, or
(c) consents or agrees to the entering of judgment,
no order may be made under section 266.7, and no money is required to be paid by the Facility Association in respect of a judgment obtained on such proceedings, unless, before taking any further step in the proceedings, the plaintiff gives written notice, in the form prescribed by regulation, to the Facility Association of such failure, notification, consent or agreement and affords it reasonable time to investigate the circumstances of the claim and an opportunity to take such action as it considers advisable under subsection (2).
266.8(2)Where the Facility Association receives notice under subsection (1), it may, if it considers it advisable, on behalf and in the name of the defendant, take any step to enforce the defendant’s right to compensation or indemnity in respect of or arising out of the claim that is available to the defendant, and take any step in the proceedings, including a consent to judgment in such amount as it may consider proper in the circumstances and all acts done in accordance with this subsection shall be deemed to be the acts of the defendant.
1989, c.17, s.6