Notice of default or consent
325(1)Where an action is commenced and the defendant
(a)
fails to file and serve a statement of defence,
(b)
fails to appear in person or by counsel at an examination for discovery, trial or appeal or notifies the plaintiff that such failure is likely, or
(c)
consents or agrees to the entering of judgment,
no order may be made under section 324, and no money may be paid out of the Fund in respect of a judgment obtained on such proceedings, unless, before taking any further step in the proceedings, the plaintiff gives written notice to the Minister of such failure, notification, consent or agreement and affords him reasonable time to investigate the circumstances of the claim and an opportunity to take such action as he may deem advisable under subsection (2).
325(2)Where the Minister receives notice under subsection (1), he may, if he deems it advisable, on behalf and in the name of the defendant, take any step to enforce the defendant’s right to compensation or indemnity in respect of or arising out of the claim that is available to the defendant, and take any step in the proceedings, including a consent to judgment in such amount as he may deem proper in the circumstances and all acts done in accordance therewith shall be deemed to be the acts of the defendant.
325(3)Where the defendant is a minor, the Minister may, without the appointment of a litigation guardian,
(a)
exercise the rights and take the action referred to in subsection (2) in the name of the minor, and
(b)
assert a counterclaim on behalf of the minor.
325(4)The Lieutenant-Governor in Council may prescribe the form of notice to be given under subsection (1).
1955, c.13, s.289; 1972, c.48, s.67; 1973, c.74, s.57; 1983, c.52, s.34; 1986, c.4, s.37