329Where injury to or the death of any person arises out of the operation, care or control of a motor vehicle in the Province but the identity of the motor vehicle, the owner and the driver thereof cannot be established, any person who would have a cause of action against the owner or driver in respect of such injury or death may, upon notice to the Minister, apply by way of motion to a judge of The Court of King’s Bench of New Brunswick for an order permitting him to bring an action in The Court of King’s Bench of New Brunswick against a nominal defendant to be designated as a Party Unknown.
329Where injury to or the death of any person arises out of the operation, care or control of a motor vehicle in the Province but the identity of the motor vehicle, the owner and the driver thereof cannot be established, any person who would have a cause of action against the owner or driver in respect of such injury or death may, upon notice to the Minister, apply by way of motion to a judge of The Court of Queen’s Bench of New Brunswick for an order permitting him to bring an action in The Court of Queen’s Bench of New Brunswick against a nominal defendant to be designated as a Party Unknown.