Amount payable by Facility Association
266.98(1)The Facility Association is not required to pay
(a)
any amount in respect of a judgment in favour of a person who ordinarily resides outside of New Brunswick, unless such person resides in a jurisdiction that provides substantially the same benefits to persons who ordinarily reside in New Brunswick, but no payment shall include an amount that would not be payable by the law of the jurisdiction in which such person resides,
(b)
more than two hundred thousand dollars, exclusive of costs for injury to or the death of one or more persons or damage to property resulting from any one accident occurring on or after the commencement of this paragraph except that payments with respect to damages for damage to property shall be limited to claims for damages in excess of two hundred fifty dollars,
but, subject to subsection (2) and the regulations, where the judgment creditor recovers or is or was entitled to recover, from any source, 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 whether or not in the action damages were claimed for or in respect of the injury, death or damage or where the judgment creditor receives or is or was entitled to receive, from any source, compensation or services or benefits with a pecuniary value for or in respect of the injury, death or damage, the amount so recovered or received and the amount that the judgment creditor is or was entitled to recover or receive and the amount of compensation and pecuniary value of any services or benefits received or that the judgment creditor is or was entitled to receive,
(c)
if the amount of damages included in the judgment is less than the maximum amount payable under paragraph (
b), shall be deducted from the maximum amount payable under paragraph (
b) and only the amount of the judgment to the extent that the deductions do not reduce the amount of the judgment is required to be paid by the Facility Association, and
(d)
if the amount of damages included in the judgment is greater than the maximum amount payable under paragraph (
b), shall be deducted from the amount of damages included in the judgment and only the amount of damages included in the judgment after such deductions, or the maximum amount payable under paragraph (
b), whichever is less, is required to be paid by the Facility Association.
266.98(2)In computing the amount payable by the Facility Association, no reduction shall be made
(a)
with respect to any amount recovered or recoverable by the judgment creditor under a contract of life insurance, where the amount is payable in respect of the death of the person,
(b)
with respect to any compensation or the pecuniary value of any services or benefits which the judgment creditor received, or is or was entitled to receive, under the
Social Welfare Act, the
Medical Services Payment Act or the
Hospital Services Act,
(i)
any amount recovered by the judgment creditor, or which the judgment creditor is entitled to recover, from such sources as may be prescribed by regulation, or
(ii)
any amount of compensation, or the pecuniary value of any benefits or services, received by the judgment creditor, or which the judgment creditor is entitled to receive, from such sources as may be prescribed by regulation or where the compensation, benefits or services are of a kind prescribed by regulation.
266.98(3)In this section “residence” shall be determined as of the date of the accident as a result of which the damages are claimed.
1989, c.17, s.6; 1991, c.27, s.19