Limits of and deductions from payments out of Fund
336(1)There may not be paid out of the Fund
(a)
any amount for interest on a judgment or interest on costs,
(b)
any amount in respect of a judgment in favour of a person who ordinarily resides outside of New Brunswick, unless such person resides in a jurisdiction that provides substantially the same benefits to persons who ordinarily reside in New Brunswick, but no payment shall include an amount that would not be payable by the law of the jurisdiction in which such person resides,
(c)
more than two hundred thousand dollars, exclusive of costs for injury to or the death of one or more persons or damage to property resulting from any one accident occurring on or after the coming into force of this paragraph except that payments with respect to damages for damage to property shall be limited to claims for damages in excess of two hundred fifty dollars,
but, where the judgment creditor recovers 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 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 or where he receives or is or was entitled to receive, from any source, compensation or services or benefits with a pecuniary value for or in respect of the injury, death or damage, the amount so recovered or received and the amount that he is or was entitled to recover or receive and the amount of compensation and pecuniary value of any services or benefits received or that he is or was entitled to receive, if the amount of damages included in his judgment
(d)
is less than the maximum amount payable under paragraph (
c) shall be deducted from that amount and the difference only may be paid out of the Fund, and
(e)
is greater than the maximum amount payable under paragraph (
c), shall be taken into consideration to the extent that the judgment creditor shall not recover or be or have been entitled to recover an amount, or receive or be or have been entitled to receive compensation or pecuniary value of services or benefits from other sources and from the Fund in excess of two hundred thousand dollars.
336(2)In computing the amount payable out of the Fund, no reduction shall be made with respect to any amount recovered or recoverable by the judgment creditor under a contract of life insurance except money recovered or recoverable under such a contract only in the event of the death of the insured by accident.
336(2.1)Notwithstanding subsection (1), in computing the amount payable out of the Fund no deduction under paragraph (1)(
d) shall be made with respect to any compensation or pecuniary value of any services or benefits which the judgment creditor received or that he is or was entitled to receive under the
Social Welfare Act, the
Medical Services Payment Act or the
Hospital Services Act, and such compensation or pecuniary value of services or benefits shall not be taken into consideration under paragraph (1)(
e).
336(3)In this section “residence” shall be determined as of the date of the motor vehicle accident as a result of which the damages are claimed.
336(4)Where the judgment is for damages for death any deductions made by the court in arriving at the judgment debt shall not be subtracted from the judgment debt as required by subsection (1) but shall be deducted from the maximum amount payable under paragraph (1)(
c) and only the difference may be paid out of the Fund.
1955, c.13, s.299; 1958, c.19, s.19; 1959, c.23, s.23, 24; 1963 (2nd Sess.), c.29, s.9; 1964, c.43, s.13; 1967, c.54, s.30; 1975, c.86, s.3; 1977, c.32, s.37; 1978, c.39, s.24; 1980, c.34, s.23; 1985, c.34, s.41