4 Payments to
legal counsel
5 Payments to
others
6 Expiry
Definitions
1 The definitions in sections 1 and 61 of
the Act apply to this Regulation.
AR 163/96 s1;251/2001
Exception to Crown’s right of recovery
2(1) The
Crown’s right of recovery does not arise if
(a) the
beneficiary suffers injuries as a result of a wrongful act or omission of a
wrongdoer who is the spouse or adult interdependent partner or a relative of
the beneficiary, and
(b) the
beneficiary has neither commenced an action against nor entered into a
settlement with the spouse or adult interdependent partner or relative that is
based on the wrongful act or omission.
(2) In
this section,
(a) repealed
AR 109/2003 s12;
(b) “relative”
means a relative by blood or marriage or by virtue of an adult interdependent
relationship, including a common law marriage.
(c) repealed AR 109/2003 s12.
AR 163/96
s2;109/2003;315/2003
Calculation of
pre-judgment interest
3(1) For the purposes of section 66 of the Act, the
interest to be awarded is the sum of
(a) the
amounts of interest calculated under subsection (2) for each full calendar
month after the Crown’s right of recovery arises, up to the month in which the
judgment is granted, and
(b) the
amount of interest calculated under subsection (3) for the month in which the
judgment is granted.
(2) The amount of interest for a month,
other than the month in which the judgment is granted, is calculated in
accordance with the formula:
Amount of Interest for
Month = A x B x 1/12
(3) The
amount of interest for the month in which the judgment is granted is calculated
in accordance with the formula:
Amount of Interest for
Month = A x B x C
365
(4) The variables for the formulas in
subsections (2) and (3) are as follows:
A is the total of the
Crown’s cost of health services that have been provided to the beneficiary
prior to the month;
B is the rate of interest
for pecuniary damages that is established under Part 1 of the Judgment
Interest Act for the year in which the month occurs;
C
is the number of the days in the month up to and including the day the judgment
is granted.
AR 163/96 s3;251/2001
Payments to legal
counsel
4(1) The maximum amounts payable to legal counsel
who act for the beneficiary and for the Crown in a claim that is based on the
Crown’s right of recovery are
(a) 15%
of the first $20 000 that is payable to the Crown under a judgment or
settlement, excluding reasonable disbursements, and 10% on the remainder of the
amount payable to the Crown, excluding reasonable disbursements, and
(b) reasonable
disbursements directly related to the Crown’s claim.
(2) The
amounts payable to legal counsel who act only for the Crown in a claim that is
based on the Crown’s right of recovery are the reasonable fees, costs and
disbursements payable under an agreement entered into by the Director and legal
counsel.
(3) If the act or omission of a wrongdoer that
gives rise to the Crown’s right of recovery occurs in a jurisdiction outside of
Alberta and legal counsel from that jurisdiction is hired to act for the Crown,
the amounts payable to the legal counsel are the fees, costs and disbursements
that are reasonable in that jurisdiction and that are payable under an
agreement entered into by the Director and legal counsel.
AR 163/96 s4;141/2001
Payments to others
5 The amounts payable to physicians,
private investigators, experts and others hired by the Crown for the purposes
of the Crown’s right of recovery are the amounts approved by the Director.
Expiry
6 For the purpose of ensuring
that this Regulation is reviewed for ongoing relevancy and necessity, with the
option that it may be re‑passed in its present or an amended form
following a review, this Regulation expires on April 30, 2011.
AR 163/96 s6;141/2001;103/2006
