Action after trial where identity not established
332(1)Where an action for damages for injury to or the death of any person, arising out of the operation, care or control of a motor vehicle in the Province has been dismissed and the Judge in dismissing the action states in writing that the injury or death arose out of the operation, care or control of a motor vehicle
(a)
the identity of which and of the owner and driver of which is not established, or
(b)
at a time when such motor vehicle was, without the consent of the owner, in the possession of some person other than the owner and the identity of the driver is not established,
the provisions of sections 329 and 330 shall be available for a period of three months from the date of such dismissal, notwithstanding any Act limiting the time within which an action may be brought.
332(2)Where, pursuant to subsection (1), an application is made under section 329, paragraph 330(
c) does not apply.
1955, c.13, s.296; 1973, c.59, s.1