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Third Party Liability Claims Regulations

made under Section 19 of the
Health Services and Insurance Act
R.S.N.S. 1989, c. 197
O.I.C. 2003-301 (June 27, 2003, effective July 1, 2003), N.S. Reg. 127/2003

Citation
1 These regulations may be cited as the Third Party Liability Claims Regulations.

Definitions
2 In these regulations,

(a) "Act" means the Health Services and Insurance Act;

(b) "general damages" means non-pecuniary losses and future pecuniary losses;

(c) "special damages" means pecuniary losses prior to a trial.

Application
3 These regulations apply where an injured person and Her Majesty in the right of the Province share pro rata in a recovery referred to in subsection 18(5A) of the Act as a result of a claim by the injured person respecting care, services or benefits referred to in subsection 18(1) of the Act.

Payment of pro rata share to Her Majesty the Queen in right of the Province
4 An injured person or a person acting on their behalf shall, within 30 days after receipt of recovered funds, provide the Minister with a cheque payable to the Minister of Finance for the Province’s share of the recovered costs.

Affidavits
5 (1) An affidavit containing the information prescribed in subsection (2) shall be provided to the Minister from each of

(a) the injured person, or a person acting on their behalf, to accompany the cheque provided pursuant to Section 4;

(b) the person against whom the claim was made, or a person acting on their behalf, within 30 days after the payment of the proceeds of the claim to the injured person; and

(c) the person who paid the proceeds of the claim to the injured person, or a person acting on behalf of the payor, within 30 days after the payment of the proceeds of the claim to the injured person.

(2) Each affidavit required by subsection (1) shall include the following details:

(a) the names of the injured person and the person against whom the claim was made;

(b) the name of any barrister and solicitor or other person acting on behalf of either party, if applicable;

(c) the total costs of the care, services, and benefits referred to in subsection 18(1) of the Act that were claimed by the injured person;

(d) whether the claim was settled or judgement was obtained and when;

(e) in the case of a settlement, the amount of general damages and the amount of special damages that the person making the affidavit reasonably believes the injured person was entitled to recover;

(f) in the case of a judgement, the amount for general damages and the amount of special damages awarded to the injured person;

(g) the amounts recovered by the injured person for general damages and for special damages;

(h) a statement affirming that the amount recovered for special damages in clause (g) bears the same proportion to the amount awarded for special damages in clause (f), as the amount recovered for general damages in clause (g) bears to the amount awarded for general damages in clause (f); and

(i) the amount of the pro rata share of the recovered costs that is due to Her Majesty the Queen in right of the Province under subsection 18(5A) of the Act.

Fees
6 If a barrister and solicitor recovers a sum in respect of the cost of care, services or benefits referred to in subsection 18(1) of the Act, the fee to be paid to the barrister and solicitor shall be calculated as follows:

(a) 15% of the first $5000.00 recovered;

(b) 10% of the next $10 000.00 recovered; and

(c) 5% of that amount recovered in excess of $15 000.00.