Acts and Regulations

84-20 - General

Section 33.1
Disposition versions

Full text
33.1(1)The following terms and conditions apply to the sharing of proceeds of any recovery under subsection 10(7) of the Act:
(a) the barrister and solicitor acting on behalf of the injured person shall pay the share of the Crown in right of the Province by a cheque made payable to the Minister of Finance and Treasury Board within thirty days after the receipt of the proceeds; and
(b) the barrister and solicitor acting on behalf of the injured person shall provide, with the cheque required under paragraph (a), an affidavit of the barrister and solicitor acting on behalf of the injured person and an affidavit of the barrister and solicitor acting on behalf of the person who is paying the proceeds to the injured person and the affidavits shall include the following:
(i) the names of the persons involved;
(ii) the name of the barrister and solicitor acting for the other person;
(iii) whether the claim was settled or a judgment was obtained and when;
(iv) in the case of a settlement, the amount of general damages and the amount of special damages that the barrister and solicitor making the affidavit reasonably believes the injured person was entitled to recover;
(v) in the case of a judgment, the amount of general damages and the amount of special damages awarded to the injured person;
(vi) the amount recovered by the injured person for general damages and the amount recovered for special damages;
(vii) a statement affirming that the amount recovered by the injured person for special damages bears the same proportion to the special damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for general damages bears to the general damages referred to in subparagraph (iv) or (v), as the case may be;
(viii) the cost of entitled services claimed by the injured person; and
(ix) the amount that is being paid to the Crown in right of the Province under subsection 10(7) of the Act.
33.1(2)Where an injured person or a person paying the proceeds to the injured person is not represented by a barrister and solicitor, the payment of the proceeds under paragraph (1)(a) and an affidavit required under paragraph (1)(b) shall be made by the person making the claim, whether acting on his own behalf or on behalf of another person.
87-20; 89-78; 2019, c.29, s.85; 2023, c.17, s.153
33.1(1)The following terms and conditions apply to the sharing of proceeds of any recovery under subsection 10(7) of the Act:
(a) the barrister and solicitor acting on behalf of the injured person shall pay the share of Her Majesty the Queen in right of the Province by a cheque made payable to the Minister of Finance and Treasury Board within thirty days after the receipt of the proceeds; and
(b) the barrister and solicitor acting on behalf of the injured person shall provide, with the cheque required under paragraph (a), an affidavit of the barrister and solicitor acting on behalf of the injured person and an affidavit of the barrister and solicitor acting on behalf of the person who is paying the proceeds to the injured person and the affidavits shall include the following:
(i) the names of the persons involved;
(ii) the name of the barrister and solicitor acting for the other person;
(iii) whether the claim was settled or a judgment was obtained and when;
(iv) in the case of a settlement, the amount of general damages and the amount of special damages that the barrister and solicitor making the affidavit reasonably believes the injured person was entitled to recover;
(v) in the case of a judgment, the amount of general damages and the amount of special damages awarded to the injured person;
(vi) the amount recovered by the injured person for general damages and the amount recovered for special damages;
(vii) a statement affirming that the amount recovered by the injured person for special damages bears the same proportion to the special damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for general damages bears to the general damages referred to in subparagraph (iv) or (v), as the case may be;
(viii) the cost of entitled services claimed by the injured person; and
(ix) the amount that is being paid to Her Majesty the Queen in right of the Province under subsection 10(7) of the Act.
33.1(2)Where an injured person or a person paying the proceeds to the injured person is not represented by a barrister and solicitor, the payment of the proceeds under paragraph (1)(a) and an affidavit required under paragraph (1)(b) shall be made by the person making the claim, whether acting on his own behalf or on behalf of another person.
87-20; 89-78; 2019, c.29, s.85
33.1(1)The following terms and conditions apply to the sharing of proceeds of any recovery under subsection 10(7) of the Act:
(a) the barrister and solicitor acting on behalf of the injured person shall pay the share of Her Majesty the Queen in right of the Province by a cheque made payable to the Minister of Finance within thirty days after the receipt of the proceeds; and
(b) the barrister and solicitor acting on behalf of the injured person shall provide, with the cheque required under paragraph (a), an affidavit of the barrister and solicitor acting on behalf of the injured person and an affidavit of the barrister and solicitor acting on behalf of the person who is paying the proceeds to the injured person and the affidavits shall include the following:
(i) the names of the persons involved;
(ii) the name of the barrister and solicitor acting for the other person;
(iii) whether the claim was settled or a judgment was obtained and when;
(iv) in the case of a settlement, the amount of general damages and the amount of special damages that the barrister and solicitor making the affidavit reasonably believes the injured person was entitled to recover;
(v) in the case of a judgment, the amount of general damages and the amount of special damages awarded to the injured person;
(vi) the amount recovered by the injured person for general damages and the amount recovered for special damages;
(vii) a statement affirming that the amount recovered by the injured person for special damages bears the same proportion to the special damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for general damages bears to the general damages referred to in subparagraph (iv) or (v), as the case may be;
(viii) the cost of entitled services claimed by the injured person; and
(ix) the amount that is being paid to Her Majesty the Queen in right of the Province under subsection 10(7) of the Act.
33.1(2)Where an injured person or a person paying the proceeds to the injured person is not represented by a barrister and solicitor, the payment of the proceeds under paragraph (1)(a) and an affidavit required under paragraph (1)(b) shall be made by the person making the claim, whether acting on his own behalf or on behalf of another person.
87-20; 89-78
33.1(1)The following terms and conditions apply to the sharing of proceeds of any recovery under subsection 10(7) of the Act:
(a) the barrister and solicitor acting on behalf of the injured person shall pay the share of Her Majesty the Queen in right of the Province by a cheque made payable to the Minister of Finance within thirty days after the receipt of the proceeds; and
(b) the barrister and solicitor acting on behalf of the injured person shall provide, with the cheque required under paragraph (a), an affidavit of the barrister and solicitor acting on behalf of the injured person and an affidavit of the barrister and solicitor acting on behalf of the person who is paying the proceeds to the injured person and the affidavits shall include the following:
(i) the names of the persons involved;
(ii) the name of the barrister and solicitor acting for the other person;
(iii) whether the claim was settled or a judgment was obtained and when;
(iv) in the case of a settlement, the amount of general damages and the amount of special damages that the barrister and solicitor making the affidavit reasonably believes the injured person was entitled to recover;
(v) in the case of a judgment, the amount of general damages and the amount of special damages awarded to the injured person;
(vi) the amount recovered by the injured person for general damages and the amount recovered for special damages;
(vii) a statement affirming that the amount recovered by the injured person for special damages bears the same proportion to the special damages referred to in subparagraph (iv) or (v), as the case may be, as the amount recovered by the injured person for general damages bears to the general damages referred to in subparagraph (iv) or (v), as the case may be;
(viii) the cost of entitled services claimed by the injured person; and
(ix) the amount that is being paid to Her Majesty the Queen in right of the Province under subsection 10(7) of the Act.
33.1(2)Where an injured person or a person paying the proceeds to the injured person is not represented by a barrister and solicitor, the payment of the proceeds under paragraph (1)(a) and an affidavit required under paragraph (1)(b) shall be made by the person making the claim, whether acting on his own behalf or on behalf of another person.
87-20; 89-78