Bill 72 — Second Session, 16Th Legislature, 18 Elizabeth J.L the Legislative Assem~Y_~Berta Bill 72 An Act To Amend the Motor Vehicle Accident Claims Act (Legislature 16, Session 2)

L16 S2 4639

Alberta — Bills

1969 Bill Second Session, 16th Legislature, 18 Elizabeth J.L THE LEGISLATIVE ASSEM~Y_~BERTA BILL

An Act to amend The Motor Vehicle Accident Claims Act THE MINISTER OF HIGHWAYS First Reading ............................. . Second Reading ............................ . Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton BILL

An Act to amend The Motor Vehicle Accident Claims Act (Assented to , 1969) 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 Claims Act is hereby amended.

Section 2, clause (I), subclause (

i) is amended by striking out the words "power toboggans" and by substi tuting the words "motorized snow vehicles". 3.

Section is amended (

a) as to subsection (4) by striking out the words "Consolidated Rules of the Supreme Court" and by substituting the words "Alberta Rules of Court", (

b) by adding the following after subsection (6) :

(7) Where the defendant is an infant, the Ad ministrator may exercise the rights of and defend the action in the name of the defendant without the appointment of a guardian ad litem and may assert a counterclaim on behalf of the infant with out a next friend. 4.

Section is amended by striking out the words "Consolidated Rules of the Supreme Court" and by substi tuting the words "Alberta Rules of Court".

Section 21, subsection (1), clause (

a) is amended by striking out the words "The Vehicles and Highway Traffic Act" and by substituting the words "The Highway Traffic Act". 6. This Act comes into force on the day upon which it is assented to. Explanatory Notes I. This Bill amends

chapter of the Statutes of Alberta, 1964. 2. Se,ction 2 (f) (

i) presently reads: (f) "motor vehicle" means every vehicle propelled by any power other than muscular power (

i) except aircraft, tractors, whether equipped with rubber tires or not, tracUon engines, implements of husbandry, trolley buses, power toboggans and vehicles that run only upon rails, and but including a tractor required to be registered under The Public Service Vehicles Act or the regulations thereunder; This reference is changed in accordance with the terminology used in the proposed new legislation relating to motorized snow vehicles. 3.

Section presently reads: 8.

(1) Where in an action for damages for (

a) bodily injury to or the death of a person, or (

b) loss ·of or damage to property in an amount exceeding $50, arising out of the use or operation within Alberta of a motor vehicle, a plaintiff notes a defendant in default, the plaintiff shall forthwith serve upon the Administrator a notice in writing advising him of the facts and the plaintiff shall not take the next step in the action until 30 days after the service of the notice. (la) Whe.re in an action for damage for (

a) bodily injury to or the death of a person, or (

b) loss of or damage to· property in an am:ount exceeding $50, arising out of the use or ,operation within Alberta of a motor vehicle, (

c) a defendant's statement of defence is struck out or a defendant fails to appear by counsel at the trial, or (

d) a plaintiff receives notice that a defendant's solicitor has ceased to act, the plaintiff may serve upon the Administrator a notice in writing advising him of the facts and the plaintiff shall not take the next step in the action until 30 days after the service of the notice.

(2) Where a notice is served pursuant to SUbsection (1) or (la), a ·copy of the statement of claim and every subsequent pleading in the action shall be served on the Administrator by the party to the action who issues or files it.

(3) The Administrator may at any time within the 30 days mentioned in SUbsection (1) or (la) notify the plaintiff that he intends to make an investigation and the plaintiff shall not take the next step in the action until 30 days after being so notified by the Administrator. (3a) When a defendant is represented by counsel in an action where it appears that a claim may be made against the Fund, the Administrator may upon notice to the plaintiff and defendant apply to be added as a party and thereup.on may take any steps he considers proper to protect the interests of the Fund.

(4) After making the investigation the Administrator in his dis ·cretion may, on behalf of and in the name ,of the defendant, file a defence, examine for discovery, make payment into court, appear by counsel for trial, consent to judgment in whatever amount he con siders proper in all the circumstances or take any other action that the defendant could have taken under the Consolidated Rules of the Supreme Court or any other action he considers appropriate.

(5) All acts done by the Administrator in accordance with subsection (4) shall be deemed to be the acts of the defendant and the Adminis trator shall not be named as a defendant in the action and no judg ment shall be given against the Administrator.

(6) Where the Administrator instructs a solicitor to act for him under this section, all acts done by the solicitor shall be deemed to have been done by the ,solicitor while acting upon instructions from the defendant. (.

a) A reference is updated, and (

h) the Administrator empowered to act for an infant defen dant 'as if the infant were ,an adult defendant. 4. A reference is updated.

Section presently reads: 18. Except as otherwise provided by this Act, the Consolidated Rules of the Supreme Court apply to applications and actions brought under this Act. 5. A reference is corrected. Title: 1969 (16th, 2nd) Bill 72,

An Act to amend The Motor Vehicle Accident Claims Act

Document details

Collection	Alberta — Bills
Citation	L16 S2 4639
Type	bill
Volume / chapter	L16 S2 4639
Language	en
Format	json
Source	PROVINCIAL
Identifier	a1029a8da4aeabb417f72ef7f2fa8d94a7acd774

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