A-25 - Automobile Insurance Act

Section 37 Disposition versions

2000-01-01

37. A victim who, at the time of the accident, also holds an employment or, had the accident not occurred, would have held an employment is, in addition, entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold that employment.

The victim is entitled to the indemnity for such time as the employment would have been available and for such time as he is unable to hold it by reason of the accident but not beyond the end of the school year in which he reaches 16 years of age.

The indemnity is computed in the manner set out in section 31.

If the victim is entitled to both the income replacement indemnity contemplated in this section and that contemplated in section 39, he cannot receive both indemnities.

He shall receive, however, the greater of the indemnities to which he is entitled.

1977, c. 68, s. 37; 1982, c. 59, s. 18; 1989, c. 15, s. 1; 1999, c. 22, s. 7.

1990-01-01

37. A victim who, at the time of the accident, also holds an employment or, had the accident not occurred, would have held an employment is, in addition, entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold that employment.

The victim is entitled to the indemnity for such time as the employment would have been available and for such time as he is unable to hold it by reason of the accident.

The indemnity is computed in the manner set out in section 31.

If the victim is entitled to both the income replacement indemnity contemplated in this section and that contemplated in section 38 or section 39, he cannot receive both indemnities.

He shall receive, however, the greater of the indemnities to which he is entitled.

1977, c. 68, s. 37; 1982, c. 59, s. 18; 1989, c. 15, s. 1.

1983-07-01

37. (1)  The death of a victim entitles the surviving spouse, for life, or, failing such a person, his dependants, to equal shares of an indemnity equivalent annually to a percentage of the income replacement indemnity to which the victim would have been entitled had he survived and been rendered unable to hold any employment by reason of the accident.

(2)  The percentage referred to in subsection 1 is established at fifty-five per cent for one dependant, sixty-five per cent for two dependants, and, for more than two dependants, at sixty-five per cent plus five per cent per dependant counting from the third, up to ninety per cent.

(3)  Subject to section 41, the indemnity shall in no case be less than the sum of $117.31 per week for a sole dependant, plus $14.67 per week per dependant counting from the second dependant up to a total sum of $205.33 per week.

(4)  The indemnity shall be paid in the form of a pension.

(5)  The dependants other than the spouse are deemed dependants for as long as, in the manner prescribed, such persons could have been considered the victim’s dependants had the victim lived.

(6)  Notwithstanding subsection 1, the spouse under thirty-five years of age, childless and not disabled is no longer deemed a dependant five years after the death of the victim or upon the death of the spouse, whichever comes first.

(7)  Where the victim was unemployed at the time of the accident, the persons who would have been his dependants had he held an employment are deemed his dependants for the purposes of this section.

1977, c. 68, s. 37; 1982, c. 59, s. 18.

1978-03-01

37. (1)  The death of a victim entitles the surviving spouse, for life, or, failing such a person, his dependants, to equal shares of an indemnity equivalent annually to a percentage of the income replacement indemnity to which the victim would have been entitled had he survived and been rendered unable to hold any employment by reason of the accident.

(2)  The percentage referred to in subsection 1 is established at fifty-five per cent for one dependant, sixty-five per cent for two dependants, and, for more than two dependants, at sixty-five per cent plus five per cent per dependant counting from the third, up to eighty per cent.

(3)  Subject to section 41, the indemnity shall in no case be less than the sum of eighty dollars per week for a sole dependant, plus ten dollars per week per dependant counting from the second dependant up to a total sum of one hundred and twenty dollars per week.

(4)  The indemnity shall be paid in the form of a pension.

(5)  The dependants other than the spouse are deemed dependants for as long as, in the manner prescribed, such persons could have been considered the victim’s dependants had the victim lived.

(6)  Notwithstanding subsection 1, the spouse under thirty-five years of age, childless and not disabled is no longer deemed a dependant five years after the death of the victim and the first fifty-five per cent referred to in subsection 2 is no longer paid after the expiry of such period or upon the death of the spouse, whichever comes first.

(7)  Where the victim was unemployed at the time of the accident, the persons who would have been his dependants had he held an employment are deemed his dependants for the purposes of this section.

1977, c. 68, s. 37.