Bill No. 110 of 1953 A BILL TO AMEND THE MOTOR VEHICLE ACCIDENT INDEMNITY ACT NOTE This Bill amends The Motor Vehicle Accident Indemnity Act, being

chapter 11 of the Statutes of Alberta,

Section 2 is amended to redefine "motor vehicle". The new definition excludes road building vehicles which are not registered under either The Vehicles and Highway Traffic Act or The Public Services Vehicles Act and which are de­ signed for use in ,construction work. It was not clear under the former definition whether all such vehicles were outside the scope of: this Act or not, and this amendment is for the purpose of clarifying the l:::osition of unregistered vehicles.

Section 6a is amended to permit the Minister to release from impoundment a motor vehicle in which the owner and driver have not an actual equity.

Section 8 is amended. The effect of the amendment to subsection (6) is to provide that the Provincial Treasurer shall not be required to pay from the fund a judgment for loss of use of or depreciation of property resulting from damage to property. Subsection (7a) is added and provides that the fund shall not :6e drawn upon for an amount that a plaintiff has been paid or is likely to be paid by the Work­ men's Compensation Board as compensation for the personal injury giving rise to the award of damages.

Section 13 is amended by the addition of subsections (5) to (8) inclusive. Subsection (5) provides that in the case where the person for whom the payment was made is a plain­ tiff, the statement of claim shall claim for the hospital and medical e~enses incurred by the plaintiff and paid for by the fund. Subsection (6) permits the Supervisor to deduct the amount e~'ended from the fund from a successful but un­ satisfied plaintiff who has failed to comply with subsection (5) or to claim against a successful and satisfied plaintiff who failed to comply with subsection (5).

Subsection (7) provides that failure to comply will not invalidate a state­ ment of clahn but until judgement in the case the Super­ visor can apply to have the statement of claim amended to claim the hospital and medical expenses paid out of the fund in respect of the plaintiff in the action. Subsection (8) pro­ vides that a payment from the fund shall be no defence to a claim for hospital and medical expenses by way of special damages. This Bill comes into force on the first day of July, 1953. J. W.

RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

Section 2 amended "motor vehicle"

Section 6a amended

Section 8 amended BILL No. 110 of 1953

An Act to amend The Motor Vehicle Aecident Indemnity Act ( Assented to ,1953) 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 11 of the Statutes of Alberta, 1947, is hereby amended.

Section 2 is amended by striking out clause (

c) and by substituting the following: " (c) 'motor vehicle' means every vehicle propelled by any power other than muscular power "(

i) except aircraft, tractors whether equipped with rubber tires or not, traction engines and trolley buses, " (ii) and except road building machines designed for use primarily in connection with the· build­ or maintenance of highways and other con­ struction works, and not licensed under The Vehicles and I-lighway Traffic A.ct or The Pub­ lic Service Vehicles Act;".

Section 6a is amended by adding immediately after clause (

j) the following new dause: "(

k) the Minister is satisfied that the owner and driver have no actual equity in the motor vehicles.".

Section 8 is amended (

a) by adding immediately after subclause (iv) of clause (

b) of subsection (6) the following new subclause: "(

v) any judgment for loss of use or depreciation of the property damaged in the case of a judg­ ment resulting from damage to property;" ; (

b) by adding immediately after subs~ction (7) the following new subsection: "(7a) The Provincial Treasurer shall not be re­ quired to pay from the fund on a judgment for dam­ ages for personal injury any amount that the plain­ tiff has been paid or is likely to be paid by the W ork­ men's Compensation Board by way of compensation

2 for the injuries suffered by the plaintiff and in re­ spect of which damages were awarded by the judg­ ment.".

Section 13 is amended by adding immediately after secti~~13 subsection (4) the following new subsections: amen "

(5) Where hospital or medical e~penses have been paid elai~l for t t th d . speCla o or 0 e or er of any person pursuant to subsectIOn (1) damages and that person ,commences or joins or is joined as a plaintiff in an action arising out of the operation of a motor vehicle through which were sustained the injuries in respect of which the hospital Or medical expenses were paid, the state- ment of :claim shall include a claim for special damages for such hospital and medical expenses as were incurred by that person. "

(6) If default is made in con1plying with the provisions elai~/or of sub'section (5) and the 'Plaintiff obtains a judgment that ~~~~~es by does not include an award of special damages for the hospi- Supervisor tal or medical expenses incurred by the plaintiff, the Super- visor shall be entitled to claim from the successful plaintiff, "(

a) if the judgment is satisfied, the amount paid pur­ suant to subsection (1) in respect of the hospital or 'medi:cal expenses of the plaintiff, or "(

b) if the judgment is unsatisfied, a deduction from any amount payable to the plaintiff pursuant to subsec­ tion (4) of

section 8 equivalent to the anlount paid pursuant to subsection (1) in respect of the hospital or medical expenses of the plaintiff. "

(7) Default in complying with the provisions of subsec- Afmerdtment t tion (5) does not invalidate a statement of claim but upon ~f ~l~::.men any such default the Supervisor, upon application made at any time before judgment, shall be entitled to have the state- ment of claim amended to include a elaim for the special damages required to be claimed by subsection (5). "

(8) A payment of hospital or medical expenses pursuant to subse:ction (1) shall be no defence to a claim for special damages for hospital or medical expenses.". '6. This Act 'comes into force on the first day of July, feOming 1953. orce into

No. 110 FIRST SESSION TWELFfH LEGISLATURE 2 ELIZABETH II 1953 BILL

An Act to amend The Motor Vehicle Ai(~cident Indemnity Act Received and read the First time ........................................ . Second time Third time .................................. . HON. MR. GERHART Title: 1953 (12th, 1st) Bill 110,

An Act to amend The Motor Vehicle Accident Indemnity Act