Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Order by court, conditions precedent
324(1)The Judge may make an order directed to the Minister requiring him, subject to the provisions of this Part, to pay from the Fund the amount in respect of the judgment to which the judgment creditor is entitled pursuant to the provisions of this Part, if the applicant, in and by his application, satisfies the Judge
(a) that he has obtained a judgment as set out in section 320, stating whether against an owner, a driver or a Party Unknown, the amount thereof, and the amount owing thereon at the date of the application,
(b) that he has commenced action against all persons against whom he might reasonably be considered as having a cause of action 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 against whom the judgment was obtained,
(c) that he has prosecuted every action in good faith to judgment or dismissal,
(d) that he has not recovered and is and was not entitled to recover, from any source, any amount for or in respect of the injury, death or damage to person or property described in paragraph (b),
(e) that he has not received and is and was not entitled to receive from any source any compensation or services or benefits with a pecuniary value for or in respect of the injury, death or damage to person or property described in paragraph (b),
(f) 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,
(g) that the amount sought to be paid out of the Fund does not exceed the maximum amount payable out of the Fund pursuant to section 336, and
(h) that he has filed with the Registrar a certificate of final judgment and an affidavit of non-satisfaction.
324(2)The Minister may appear and be heard on the application and may show cause why the order should not be made.
1955, c.13, s.288; 1958, c.19, s.18; 1959, c.23, s.21; 1978, c.D-11.2, s.26
Order by court, conditions precedent
324(1)The Judge may make an order directed to the Minister requiring him, subject to the provisions of this Part, to pay from the Fund the amount in respect of the judgment to which the judgment creditor is entitled pursuant to the provisions of this Part, if the applicant, in and by his application, satisfies the Judge
(a) that he has obtained a judgment as set out in section 320, stating whether against an owner, a driver or a Party Unknown, the amount thereof, and the amount owing thereon at the date of the application,
(b) that he has commenced action against all persons against whom he might reasonably be considered as having a cause of action 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 against whom the judgment was obtained,
(c) that he has prosecuted every action in good faith to judgment or dismissal,
(d) that he has not recovered and is and was not entitled to recover, from any source, any amount for or in respect of the injury, death or damage to person or property described in paragraph (b),
(e) that he has not received and is and was not entitled to receive from any source any compensation or services or benefits with a pecuniary value for or in respect of the injury, death or damage to person or property described in paragraph (b),
(f) 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,
(g) that the amount sought to be paid out of the Fund does not exceed the maximum amount payable out of the Fund pursuant to section 336, and
(h) that he has filed with the Registrar a certificate of final judgment and an affidavit of non-satisfaction.
324(2)The Minister may appear and be heard on the application and may show cause why the order should not be made.
1955, c.13, s.288; 1958, c.19, s.18; 1959, c.23, s.21; 1978, c.D-11.2, s.26