Acts and Regulations

P-7.1 - Personal Property Security Act

Full text
Payment of claim for loss
54(1)The total amount recoverable in a single action under section 52, and the total amount recoverable for all claims in a single action under section 53, shall not exceed the amounts prescribed.
54(2)If damages are paid to a claimant under this section, the Crown is subrogated to the rights of the claimant against any person indebted to the claimant whose debt to the claimant was the basis of the loss or damage in respect of which the claim was paid.
54(3)If the amount of the damages paid to a claimant is less than the value of the interest the claimant would have had if the error or omission had not occurred, the right of subrogation under subsection (2) does not prejudice the right of the claimant to recover in priority to the Crown an amount equal to the difference between the amount paid to the claimant and the value of the interest the claimant would have had if the error or omission had not occurred.
54(4)The Comptroller may, without action being brought, pay out of the Consolidated Fund of the Province, the amount of a claim against Service New Brunswick when authorized to do so by Service New Brunswick on the report of the Registrar setting forth the facts and the opinion of the Registrar that the claim is just and reasonable.
54(5)When an award of damages has been made in favour of a claimant and the time for appeal has expired, or when an appeal is taken and is disposed of in whole or in part in favour of the claimant, the Comptroller shall authorize payment out of the Consolidated Fund of the Province, subject to subsection (1), the amount specified in the judgment in a manner specified in the judgment, including the costs of the claimant if the judgment so provides.
1998, c.12, s.15