Acts and Regulations

M-17 - Motor Vehicle Act

Section 334
Disposition versions

Full text
Action for declaratory judgment
334(1)Where judgment has been obtained against a Party Unknown the Minister may at any time bring action against any person for a declaratory judgment, declaring that person to have been, at the time of the accident, the owner or driver of the motor vehicle in respect of the operation, care or control of which the judgment was obtained, and the court may give judgment accordingly.
334(2)Such action may be brought in The Court of King’s Bench of New Brunswick.
334(3)Notwithstanding section 266 when a declaratory judgment has been rendered under this section
(a) the person declared in the judgment to be the owner or driver shall be deemed to have been the defendant in the action in which judgment was obtained against the Party Unknown and the judgment against the Party Unknown shall be deemed to be a judgment against such person, and
(b) the Minister shall be deemed to have obtained a judgment against such person for the amount of all moneys paid out of the Fund in respect of the judgment against the Party Unknown and shall accordingly have all the rights of a judgment creditor, including the right to recover any money that would have been payable in respect of the death or injury under any contract of insurance that was in force at the time of the accident, notwithstanding any Act limiting the time within which an action may be brought.
334(4)Where the injury or death arose out of the operation, care or control of the motor vehicle at a time when the motor vehicle was, without the owner’s consent, in the possession of some person other than the owner, such action shall be disposed of in the same manner as though the identity of the owner had not been established.
1955, c.13, s.298; 1973, c.59, s.1; 1979, c.41, s.85; 2023, c.17, s.162
Action for declaratory judgment
334(1)Where judgment has been obtained against a Party Unknown the Minister may at any time bring action against any person for a declaratory judgment, declaring that person to have been, at the time of the accident, the owner or driver of the motor vehicle in respect of the operation, care or control of which the judgment was obtained, and the court may give judgment accordingly.
334(2)Such action may be brought in The Court of Queen’s Bench of New Brunswick.
334(3)Notwithstanding section 266 when a declaratory judgment has been rendered under this section
(a) the person declared in the judgment to be the owner or driver shall be deemed to have been the defendant in the action in which judgment was obtained against the Party Unknown and the judgment against the Party Unknown shall be deemed to be a judgment against such person, and
(b) the Minister shall be deemed to have obtained a judgment against such person for the amount of all moneys paid out of the Fund in respect of the judgment against the Party Unknown and shall accordingly have all the rights of a judgment creditor, including the right to recover any money that would have been payable in respect of the death or injury under any contract of insurance that was in force at the time of the accident, notwithstanding any Act limiting the time within which an action may be brought.
334(4)Where the injury or death arose out of the operation, care or control of the motor vehicle at a time when the motor vehicle was, without the owner’s consent, in the possession of some person other than the owner, such action shall be disposed of in the same manner as though the identity of the owner had not been established.
1955, c.13, s.298; 1973, c.59, s.1; 1979, c.41, s.85