Form of application by judgment creditor
321(1)The Minister may pay out of the Fund to the person the amount of his judgment including the costs included in the judgment, or that part of the judgment including the costs, as the person is entitled thereto, if
(a)
the person makes an affidavit
(i)
as to what amount he has recovered 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 motor vehicle by the owner or driver thereof 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 and as to what compensation or services or benefits with a pecuniary value he has recovered or received or is or was entitled to recover or receive for or in respect of the injury, death or damage,
(ii)
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 no part of the amount sought to be paid out of the Fund 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; and
(b)
the solicitor for the person makes an affidavit
(i)
that the judgment is a judgment as described in section 320,
(ii)
giving particulars of the amount of damages for or in respect of injury or death, damage to property and the costs, included in the judgment,
(iii)
that in so far as he was advised by any person and learned of any facts during the litigation
(A)
he has commenced action against all persons against whom the person might reasonably be considered as having a cause of action for or in respect of the injury, death or damage to person or property as described in subparagraph (
a)(i),
(B)
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 no part of the amount sought to be paid out of the Fund is sought in lieu of making a claim or receiving a payment which 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, and
(C)
that except as disclosed in the applicant’s affidavit, the person is and was not entitled to recover, from any source, nor to receive compensation or services or benefits with a pecuniary value, for or in respect of any injury, death or damage to person or property as described in subparagraph (
a)(i),
(iv)
that he filed with the Registrar of Motor Vehicles a certificate of judgment and affidavit of non-satisfaction pursuant to section 286,
(v)
that the action was defended throughout to judgment or that there was a default or a consent or agreement by or on behalf of the defendant and that he complied with section 325; and
(c)
the affidavits together with
(i)
a copy of the statement of claim,
(ii)
a certified copy of the judgment,
(iii)
the assignment of judgment, and
(iv)
where applicable, the solicitor’s taxed bill of costs,
are forwarded to the Unsatisfied Judgment Fund, Department of Justice and Public Safety, Fredericton, New Brunswick.
321(2)The Minister may pay to a person for the costs of any application under this Part the sum of twenty-five dollars.
321(3)Notwithstanding subsection (2), the Minister may in his discretion increase the payment to a person upon any application to a maximum of seventy-five dollars.
1958, c.19, s.17; 1959, c.23, s.20; 1968, c.38, s.18; 1972, c.48, s.64, 65, 66; 1978, c.D-11.2, s.26; 1981, c.48, s.21; 1982, c.3, s.47; 2000, c.26, s.193; 2016, c.37, s.111; 2019, c.2, s.92; 2020, c.25, s.73