Bill 107 (Legislature 15, Session 3)

L15 S3 1413

Alberta — Bills

No. 107 3rd Session, 15th Legislature, Alberta 14 Elizabeth II BILL 107 A Bill to amend The Motor Vehicle Accident Claims Act HON. MR. TAYLOR Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1966

I. This Bill amends

chapter 56 of the Statutes of Alberta, 1964. 2. This corrects a typographical error.

Section 5a presently reads: Sa. Sections 4 and 5 do not ap,p'ly to a motor vehicle owned by the Crown or to a motor vehide being registered as an antique motor vehicle.

Section 8, subsection (4) presently reads:

(4) After making the investigation, the Administrator, if he con siders it advisa;ble, (

a) may, on behalf of and in the name .of the defendant, file a defence, make payment into court, ap'pear by counsel at the trial, take any action that the defendant could have taken under the Consolidated Rules of the Supreme Court or take any other action he considers appropriate, and (

b) may, on behalf of and in the name of the defendant, conduct his defence and where he considers it advisable to do so, con sent to judgment in whatever amount he ,considers proper in all the cirmustances. The new subsection is self-explanatory.

BILL No. 107 of 196-6

An Act to amend The Motor Vehicle Accident Claims Act (Assented to , 1966) 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 5, subsection (1), clause (

b) is amended by striking out the words "this Act" and by substituting the words "that Act".

Section 5a is struck out and the following is substi tuted: 5a. Notwithstanding anything contained in this Act, the Lieutenant Governor in Council may by regulation define and exempt any classes of motor vehicles from the appli cation of sections 4 and 5.

Section 8 is amended (

a) by striking out subsection (4) and by substituting the following:

(4) After making the investigation the Admin istrator in his discretion may, on behalf of and in the name of the defendant, file a defence, 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. (

b) by .adding the following subsection:

(6) Where the Administrator instructs a solic itor 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.

5. The amendment to subsection (1) corrects a typographical error. 2 Subsection (4b) is self-explanatory.

Section 11, subsections (1) and (3) presently read: 11.

(1) Where bodily injury to or the death of a person arises out of the use or operation within Alberta of a motor vehicle, and (

a) the name of neither the owner nor the operator of the rno,tor vehicle is known or ascertainable, or (

b) the name of the operator is not known or ascertainable and the owner may not be liable to an action for damage's for injury or dearth, any person who has a cause of action against the unknown owner or operator in respect of that bodily injury or death may bring an action against the Administrator as nominal defendant, either alone or as a co-defendant with others alleged to be responsible for the injury or death.

(3) Where af,ter an a-ction has been commenced in respect of bodily injury to or the death of a person arising out of the use or operation within Alberta of a motor vehicI€, it is alleged that the injury or death was caused or contributed to by another motor vehicle, but (

a) the name of neither the owner nor the oper8.!tor of the motor vehicle is known or ascertainruble, or (

b) the name of the operator is not known or ascertainable and the owner is not liable to an action f.or damages for injury or death, the Administrator may be added as a nominal defe:ndant on the appli cation -of any party and shall be added as a nominal defendant on his own application.

Section 9 is amended (

a) as to subsection (1) by striking out the words "judgment or damages" and by substituting the words "judgment for damages", (

b) by adding the following subsection after subsec tion (4a) : (4b) Where the judgment debtor is represented hy a solicitor, the judgment creditor may serve a copy of the assignment on that solicitor and that service shall be deemed to be service upon the judg ment debtor.

Section 11 is amended (

a) by striking out subsection (1) and by substituting the following: 11.

(1) Where bodily injury to or the death of a person or damage to property arises out of the use or operation within Alberta of a motor vehicle, and (

a) the name of neither the owner nor the oper ator of the motor vehicle is known or ascer tainable, or (

b) the name of the operator is not known or ascertainable and the owner may not be liable to an action for damages for injury or death or property damage, any person who has a cause of action against the unknown owner or operator in respect of that bodily injury or death or property damage may bring an action against the Administrator as nom inal defendant, either alone or as a co-defendant with others alleged to be responsible for the injury or death or property damage. (

b) by striking out subsection (3) and by substituting the following:

(3) Where after an action has been commenced in respect of bodily injury to or the death of a person or damage to prope:r:ty arising out of the use or operation within Alberta of a motor vehicle, it is alleged that the injury or death or prop'erty damage was caused or contributed to by another motor vehicle, but (

a) the name of neither the owner nor the oper ator of the motor vehicle is known or ascer tainable, or (

b) the name of the operator is not known or ascertainable and the owner may not be liable to an action for damages for injury or death or property damage,

Section 13, subsection (7), clause (

f) presently reads:

(7) From the amount payable to a person as calculated in accordance with subsections (3) to (7) there shall be deducted (0 any amount that the applicamt has recovered or. ca? recover by reason of the existence of a contract of auto,mobl,le Insurance, and the amount so determined is the amount payable out of the Fund by the Provincial Treasurer.

Section 14 presently reads: 14.

(1) No payment shall be made out of the Fund in respect of an amount paid or payable by an insurer by reason of the existence of a contract of automobile insurance, and (

a) no amount sought to be paid out of the Fund shall be sought in lieu of makLng a claim Dr receiving a payment that is payable by reason of the existence of a contract .of autDmobile insur ance, and (

b) no amount so sought shall be sought for payment to an insurer to reimburse or otherwi.se indemnify the insurer by reason of the existence of a contract of automobile insurance.

(2) No payment shall be made out Df the Fund to indemnify any person wit'h respect to any amount (

a) whioh as the result of the .ownership, use or operation of a motor vehicle by him, 'he is liable to pay and has paid to another person, and (

b) which he is entitled to reCOVer from another perSDn by way of indemnity or contribution.

(3) No payment shall be made out of the Fund to indemnify the owner of a motor vehicle for IDSS .of or damage to property of the owner arising out of the use or operation of that motor vehide and for which the .operator is resp·onsible.

(4) No payment shall be made .out .of the Fund in re:spect of (

a) bodily injury to or the death of a person, or (b) 10'sS of or damage to property Df a person, occurring while the person is in .or is entering into or descending from a bus or .other pubUc transportation vehicle owned and operated by a municipality. Clauses (a), (

b) and (

c) are amended with respect to insurance limitations on claims. Clauses (d), (

e) and (

f) are merely re-enact ments of the present subsection (2), (3) and (4), respectively, with wording changes. The new

section 14a provides that a self-insuring corporate owner will not be allowed to claim from the Fund for proper.ty damage. 3

the Administrator may be added as a nominal de fendant on the application of any party and shall be added as a nominal defendant on his own appli cation.

Section 13, subsection (7) is amended by striking out clause (

I) and by substituting the following: (

f) any amount that the applicant has recovered or can recover by reason of the existence of any pre paid medical, dental or hospital services or a con tract of insurance, other than a contract of life insurance,

Section 14 is struck out and the following sections are substituted: 14. Where application is made for payment out of the Fund no payment shall be made (

a) in respect of any amount paid or payable by an insurer by reason of the existence of a contract of prepaid medical, dental or hospital services or a contract of insurance, other than life insurance, or (

b) in lieu of the applicant making a claim or receiv ing payment that is payable by reason of the exist ence of a contract of prepaid medical, dental or hospital services or a contract of insurance, other than life insurance, or (

c) to an insurer to reimburse or otherwise indemnify the insurer in respect of any amount paid or payable by the insurer by reason of the exis!tence of a con tract of prepaid medical, dental or hospital services or a contract of insurance, other than life insur- (d) (e) (

I) ance, or to indemnify any person with respect to any amount (

i) which as the result of the ownership, use or operation of a motor vehicle by him, he is liable to pay and has paid to another person, or (ii) which he is entitled to recover from another person by way of indemnity or contribution, or to indemnify the owner of a motor vehicle for loss of or damage to property of the owner arising out of the use or operation of that motor vehicle and for which the operator is responsible, or in respect of (

i) bodily injury to or the death of a person, or (ii) loss of or damage to property of a person, occurring while the person is in or is entering into or descending from a bus or other public transpor tation vehicle owned and operated by a municipal ity unless a judgment is obtained against a person other than the municipality. 3

9. This amendment makes the

section consistent with the amend ments to

section 14. 10. This is merely an addition to regulation making powers. I J.

Section 21, subsection (2), clause (

c) presently reads:

(2) Where the motor vehicle is being operated (

c) by a mechanic who has custody of the vehicle for the purp,ose of repairs, the peace officer shall give the operator of the vehicle reasonable time within whic'h to produce the financial responsibility card or the cer tificate.

Section 27, subsection (8) presently reads:

(8) Where an unsatisfied judgment was obtained before the first day of May, 1964 but no application for Pltyment out of the Unsatisfied Judgment Fund has been made before that date, any application with respect to that unsatisfied judgment shall be made in accordance with and subject to this Act, except that where the judgment is based on a cause of action that arose before the first day of September, H163, the limit on the amount payable out of the Fund shall be as pro vided by subsedion (12) of sec1tion 14 of the repealed Act as that sub

section read on the day the cause of action ar'ose and not as provided in

section 13 of this Act. This amendment clarifies the rules governing payment out of the Fund where an action has been in court for some time. 13. This provides for disposal of bad debts to the Fund. 4

14a. Notwithstanding anything in this Act, no payment shall be made out of the Fund to a corporation that has complied with

section 168 of The Vehicles and Highway Traffic Act with respect to any damage to property of the corporation arising out of the use or operation of a motor vehicle.

Section 19, subsection (2) is amended by adding the word "and" at the end of clause (

d) and by adding the following clause: (

e) that ,the applicant cannot recover the claim pur suant to a contract of prepaid medical, dental or hospital services or any contract of insurance, other than life insurance,

Section 20, subsection (2) is amended by adding the word "and" at the end of clause (

j) and by adding the following clause: (

k) prescribing the rates at which fees and costs may be paid to chiropractors for services rendered under this Act.

Section 21, subsection (2) is amended by adding the word U or" at the end of clause (

c) and by adding the following clause: (

d) by the proprietor of or an employee of a service station who has, on behalf of the service station, the custody of a motor vehicle in the course of service station business duties relating to the vehicle,

Section 27 is amended by striking out subsection (8) and by substituting the following:

(8) Where a judgment is obtained on or after the first day of July, 1966 in respect of any action pursuant to which application may be made for payment out of the Fund, any such application shall be made in accordance with and subject to this Act, but notwithstanding any thing in this Act, in no case shall there be paid out of the Fund in respect of any such judgment any amount exceed ing the limits which are or would have been applicable under this Act or the repealed Act, as the case may be, at the time the particular cause of action arose in respect of which the judgment is given. 4 13. The following

section is added after

section 27: 27a.

(1) In any case where (

a) a payment on a judgment has been made from the Fund or the Unsatisfied Judgment Fund, as the case may be, to an applicant,

14. Commencement of Act. 5

(

b) more than ten years have elapsed since such pay ment has been made, and (

c) there is supporting evidence on the file to indicate that every reasonable step has been taken to re cover the amount so paid or a portion thereof from the person liable to the Fund in respect of that judgment, the Lieutenant Governor in Council may, on recommenda tion of the Minister, authorize the account to be closed and authorize the debt to be discharged.

(2) Where the Lieutenant Governor in Council makes an authorization referred to in subsection (1), the Ad ministrator shall do the acts so authorized. 14. This Act comes into force on the day upon which it is assented to. 5

No. 107 THIRD SESSION FIFTEENTH LEGISLA lURE 14 ELIZABETH II 1966 BILL

An Act to amend The Motor Vehicle Accident Claims Act Received and read the First time ......................................... . Second time .................................... .. Third time ................................... .. HON. MR. TAYLOR Title: 1966 (15th, 3rd) Bill 107,

An Act to amend The Motor Vehicle Accident Claims Act

Document details

Collection	Alberta — Bills
Citation	L15 S3 1413
Type	bill
Volume / chapter	L15 S3 1413
Language	en
Format	json
Source	PROVINCIAL
Identifier	e5d8159e60919ed12218774d805184051e217ddf

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