Ruttle v. Conway, [1966] N.B. Law News No. 42 (QB)

JudgeDickson, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateJune 27, 1966
JurisdictionNew Brunswick
Citations[1966] N.B. Law News No. 42 (QB)

Ruttle v. Conway, [1966] N.B. Law News No. 42 (QB)

MLB Law News

In the Matter of an Unsatisfied Judgment obtained by the Plaintiff in an Action Between:

Marion May Ruttle (plaintiff) v. Douglas Stanley Conway (defendant)

(Archives RS48/1963/353)

And In The Matter of an Application by the Plaintiff Under section 287C of the Motor Vehicle Act, 1955, for an Order Directing Payment Out of the Unsatisfied Judgment Fund.

Indexed As: Ruttle v. Conway

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

June 27, 1966.

Summary:

Unsatisfied Judgment Fund - Court held benefits received by applicant following accident occurring on March 16, 1963 are not to be deducted pursuant to section 299 of the Motor Vehicle Act because opening words of section 300 do not clearly state that section 299 applies mutatis mutandis to all applications regardless of the date of accident.

Note: To assure equal treatment section 300 was amended by the N.B. Legislature so that after July 31, 1966 the maximum amounts payable under section 300 are reduced in accordance with section 299.

Motor Vehicles - Topic 1365

Unsatisfied judgment fund - Amounts recoverable from fund - Deductions - For amounts recoverable from other sources - See paragraphs 1 to 20.

Counsel:

L.M. Machum, for the applicant;

Eric B. Appleby and J.C. Angers, for the Provincial Secretary.

This case was heard before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on June 27, 1966.

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