Bill 74 (Legislature 14, Session 5)

L14 S5 1813

Alberta — Bills

No. 74 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 74 A Bill to amend The Motor Vehicle Accident Indemnity Act HON. MR. TAYLOR Printed by L. S. WALL, Printer to the Queen's 1\1ost Excellent Majesty, Edmonton, Alberta, 1963

Explanatory Note

Section 13 is amended to clarify the position of the Supervisor when he is served with a notice of default and when he takes a step in an action. Subsection (5) of

section 13 presently reads: "

(5) W~thin thi.nty days after service of the nort:Jioe mentioned in subs€otion (3) the Superivsor may, by a S'taJtement of defence, dispute the HabHi:ty of the defendant toO the plaint.iff, and defend the action.". 3. The limits on the liability for pay.ment from the Unsatisfied Judgment Fund are raised from $215,0.0.0. to $35,0.0.0.. The priority of claims for bodily injury or death over claims for property damage is naised from $20.,0.00- to $30.,0.0.0.. The increased limits willI not aply to causes of ao1Jion arising before September first, 1963. Subsection (12) of

section 14 presently reads: "

(12) The Provindal Treasurer is nOlt required (

a) toO pay moneys from the Fund if the judgmerut has been sallisf'ied to the eXltent of twenty-f:ive tlrousand dolIars or mOIre, exclusive of costs, foOr boOdi1y injury to or death of one or more perS!Ons or damage to property, or (

b) to pay from the Fund under an {)l'der mOre than twerut,y-:flive thousand dvIT1ars, exolusive of oosts, Wlnere judgmenrt was given in an action based upon bootiIy injury or deruth of one of more pel'sons or damage toO pl'op-erty in one acoident, except that Wlhm-e in one aeeIdent claims resrulit from boorily injuTY or death and damage t{) property, (

j) claiims arlsing OUlt of biodrily injury or death have pruority over claims arising out of damage to property to the aIJ10lUnt of twenty-five thoulSa.nd donal'S, (Iii) clhims arising out of damage to propenty have priority over 01a1ms a-rising- out {)f bodily injury or death to the am.ount of five thousand dollars,

BILL No. 74 of 1963

An Act to amend The Motor Vehicle Accident Indemnity Act (Assented to , 1963) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Motor Vehicle Accident Indemnity Act, being

chapter 209 of the Revised Statutes, is hereby amended.

Section 13 is amended (Ja) as to subsection (5) by striking out the words "Within thirty days after" and by substituting the word "After", (

b) by adding the f.ollowing immediately after sub section (7) : (7a) The Supervisor is deemed to be a party to an action when he takes a step in the action and the Rules of the Supreme Court of Alberta apply to all proceedings. 3.

(1) Section 14 is amended by striking out subsection (12) and by subsltituting the following:

(12) The Provincial Treasurer is not required (

a) to pay moneys from the Fund if the judgment has been satisfied to the extent of thirty-five thousand dollars or more, exclusive of costs, for bodily injury to or death of one or lnore persons or damage to property, or (

b) to pay from the Fund under an order more than thirty-five thousand dollars, exclusive of costs, where judgment was given in an action based upon bodily injury or death of one or more persons or damage to property in one accident, except that where in one accident claims result from bodily in jury or death and damage to property, (

i) claims arising out of bodily injury or death have priority over claims arising out of damage to property to the amount of thirty thousand dollars, (ii) claims arising out of damage to property have priority over claims arising out of bodily in-

2 (Ui) any payments made from the Fund in re,spect of damage to propel'lty are subject to a deduotJion of o,ne hundred d1ollrars, or (

c) to pay f'rom t11e Fund any sum for inite,rest in resp,e·ct of a judgment or any sum for 108ls of use Dr depireciwNIO'll o·f pl"ope,l'lty damaged." . 4. Payment of hospital and medical expenses arising out of the operation of motor vehicles is extended to' operators of motor vehicles. The limit of the paYiment is raised from $20,000 to $30,000. These increases in coverage and limits will not apply to' cause'S of action arising before September first, 196,3. Suhsections (l)and (5) of

section 21 presently read: "21.

(1) In addition to the remedies he,reinbefore provided, a person who through the Dperation of a motor vehicle driV'en by another p'e,rson, is, Dn or after the fiiMt day of April, 1947, injUJred to an eXitent requi'I'Ii:ng hospital or medical treatment, or biOlth, may ap.plly to the SuperviiS!or for reilTIJbul's'ement out of the Fund for the hOlspttal and medical expenses inourred and, wh,ere necessary, for the OO'8Its of appliances amd trOOltmenrts used in CIOmplBlte or partdal reS!toration of his muscUilar ruotivilty Dr co-ordination or to give him CIOmp'leite or IimiJbed mobiDity, and thereby to rehabiilJiltate him.

(5) Trhe Prov;inCJia:1 Tneasurer i,s not required to' pay oUit of the Fund more than tweruty thousand do<llars fur hosrp,ital amd mediiCIfUl ex,pens,es and rehabdJUtaltoon costJg incurred in the treatment of injuries to one or miOre pel"sons in one acc1derut.". 5. Commencement of Act.

2 jury or death to the amount of five thousand dollars, and (iii) any p'ayments made from the Fund in respect of damage to property are subject to a deduc tion of one hundred dollars, or (

c) to pay from the Fund any sum for interest in re spect of a judg'ment or any sum for loss of use or depreciation of property damaged.

(2) The provisions of subsection (1) do not apply where the judgment or order is based on a cause of action arising before the first day of September, 1963. 4.

(1) Section 21 is amended (

a) by striking out sUibsection (1) and by substituting the following: 21.

(1) In addition to other remedies provided by this Act a person who is injured (

a) by the operation of a motor vehicle driven by another person on or after the first day of April, 1947, or (

b) by the operation of a motor vehicle driven by himself on or after the first day of September, 1963, to an extent requiring hospital or medical treat ment or both, may apply to the Supervisor for re imbursement out of the Fund for the expenses and, where necessary, for the costs of appliances and treatments used in the complete or partial restora tion of his muscular activity or co-ordination or to give him complete or limHed mobility, and there by to rehabilitate him. (

b) by striking out subsection (5) and by sustituting the following:

(5) The Provincial Treasurer is not required to payout of the Fund more than thirty thousand dol lars for hos;pital and medical expenses and reha bilitation costs incurred in the treatment of injuries to one or more persons in one accident.

(2) The provisions of subsection (1) do not apply where the injury on which the claim is based occurred before the first day of September, 1963. 5.

(1) This Act except sections 3 and 4 comes into force on the day upon which it is assented to.

(2) Sections 3 and 4 come into force on the first day of September, 1963.

No. 74 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to amend The Motor Vehicle Accident Indemnity Act Received and read the First time ........ . Second time ..................................... . Third time ....................................... . HON. MR. TAYLOR Title: 1963 (14th, 5th) Bill 74,

An Act to amend The Motor Vehicle Accident Indemnity Act

Document details

Collection	Alberta — Bills
Citation	L14 S5 1813
Type	bill
Volume / chapter	L14 S5 1813
Language	en
Format	json
Source	PROVINCIAL
Identifier	361e49cab728479a22abf6f2789b40f658441469

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