Acts and Regulations

I-12 - Insurance Act

Section 266.94
Disposition versions

Full text
Limitation period after dismissal
266.94(1)Where an action for damages for injury to or the death of any person, arising out of the operation, care or control of an automobile in the Province has been dismissed and the Judge in dismissing the action states in writing that the injury or death arose out of the operation, care or control of an automobile
(a) the identity of which and of the owner and driver of which is not established, or
(b) at a time when such automobile was, without the consent of the owner, in the possession of some person other than the owner and the identity of the driver is not established,
sections 266.91 and 266.92 shall be available for a period of three months from the date of such dismissal, notwithstanding any Act limiting the time within which an action may be brought.
266.94(2)Where, in accordance with subsection (1), an application is made under section 266.91, paragraph 266.92(c) does not apply.
1989, c.17, s.6
Limitation period after dismissal
266.94(1)Where an action for damages for injury to or the death of any person, arising out of the operation, care or control of an automobile in the Province has been dismissed and the Judge in dismissing the action states in writing that the injury or death arose out of the operation, care or control of an automobile
(a) the identity of which and of the owner and driver of which is not established, or
(b) at a time when such automobile was, without the consent of the owner, in the possession of some person other than the owner and the identity of the driver is not established,
sections 266.91 and 266.92 shall be available for a period of three months from the date of such dismissal, notwithstanding any Act limiting the time within which an action may be brought.
266.94(2)Where, in accordance with subsection (1), an application is made under section 266.91, paragraph 266.92(c) does not apply.
1989, c.17, s.6