the Superior Court of Justice give written notice to the applicant of any
objection to payment of the judgment or part of the judgment, and, where
the Minister gives the notice, the applicant may apply to a judge of the
Court for a finding or determination in respect of any matter in connection
with the application for payment out of the Fund.
Action against all persons reasonably liable to be sued
(3) The Minister shall not pay out of the Fund any amount in respect of a
judgment unless the judgment was given in an action brought against all
persons against whom the applicant might reasonably be considered as having a cause of action in respect of the damages in question and prosecuted
against every such person to judgment or dismissal.
Application of s. 7
8(1) Section 7 does not apply in the case of a judgment that has been
signed in an action in which,
(a) Repealed: 1993, c. 27, Sch.
(b) the defendant did not file a statement of defence; or
(c) the defendant did not appear in person or by counsel at the trial;
(d) the defendant did not appear in person at an examination for dis-
(e) judgment was signed upon the consent or with the agreement of
unless the Minister has been given notice of such failure, consent or agree-
ment and has been afforded an opportunity to take such action as he or she
may consider advisable under subsection (2).
Rights of Minister
(2) Within thirty days after receiving notice under subsection (1), the
Minister may file a defence, make payment into court, appear by counsel
at the trial or take such other action as he or she considers appropriate on
behalf and in the name of the defendant, and may thereupon, on behalf
and in the name of the defendant, conduct the defence, and may, where
he or she considers it advisable to do so, consent to judgment in such
amount as he or she may consider proper in all the circumstances, and all
acts done in accordance therewith shall be deemed to be the acts of such
Notice of Default set aside
(3) Where the Minister or defendant is noted in default, the Minister may
give notice to the local registrar or clerk of the court, as the case may be,
that he or she intends to defend the action on behalf of and in the name of
the defendant, and may require the noting of default to be set aside.
(4) The Minister, without the appointment of a litigation guardian, may
exercise the rights and take the action referred to in subsection (2) and
assert a counterclaim on behalf of a defendant who is a minor.