266(1)Subject to the provisions of this Part nothing in this Act shall be construed to affect the common law right of any person to prosecute or defend a civil action for damages by reason of injuries to person or property resulting from the negligent use of a public highway by any person operating a motor vehicle.

266(2)Notwithstanding subsection (1), no person shall have a greater right of recovery resulting from the negligent operation of a motor vehicle or farm tractor in this Province, than that person would have in the jurisdiction in which he ordinarily resides, and in no event any greater right of recovery, than a person resident in this Province would have in such other jurisdiction.