Highway Victims Indemnity Fund v. Gagné et al.

Any creditor under a final judgment rendered in the Province awarding damages of one hundred dollars or more resulting from bodily injuries or death and arising out of an automobile accident that occurred in the Province after the 30th of September 1961, or for damage to the property of another in excess of two hundred dollars and arising out of such an accident, may apply to the Fund within a delay of one year to satisfy such judgment.

The creditor shall apply to the Fund by a sworn declaration,

(a) establishing that the judgment has in no way been satisfied or indicating, if need be, the amount paid, the value of the thing given in payment or of the services rendered in partial indemnification;

(b) establishing that no insurer will benefit by the amount claimed; and

(c) disclosing any other possible claim arising out of the same accident.

Within seven days of receipt of the application accompanied by an authentic copy of the judgment, the Fund shall satisfy the judgment, up to the amount prescribed in section 14, but deducting from such amount any sum or value received by the creditor and deducting from any amount due for damage to property the sum of two hundred dollars.

If, however, there is a possibility of claims exceeding the whole of the prescribed amount, the Fund may defer payment to the extent deemed necessary until the other claims are liquidated.

The application to the Fund transfers to it all the creditor’s rights without restriction…

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The following persons cannot make application to the Fund: