| 8.
(1) Subject to subsections (2) and (3), where an action is brought by an inmate, a discharged inmate, or a dependant against a person other than Her Majesty for damages arising out of an accident suffered while engaged in the normal program of a penitentiary, no compensation shall be paid to or in respect of the discharged inmate until such action is disposed of. |
| (2)
Where an action referred to in subsection (1) is brought and damages are
awarded in an amount less than the capitalized amount of the payment that
may be made in respect of the discharged inmate, the Minister may authorize
compensation to or in respect of the discharged inmate that, in the aggregate,
does not exceed the difference between the awarded damages recoverable
and the capitalized amount of the payments that may be made under these
Regulations. |
| (3)
Where an action referred to in subsection (1) is dismissed against the plaintiff or is discontinued by the plaintiff with the approval of the Minister, the Minister may make payments to or in respect of the discharged inmate as if the action had not been brought. |
| (4)
For the purposes of subsection (2), "awarded damages" includes an amount payable to or in respect of an inmate or discharged inmate pursuant to a consent judgment or settlement if the Minister has, in writing, approved the consent or settlement before it is issued or made. |
| |
| 9.
Where an action is brought by the Minister against a person pursuant to
an undertaking referred to in paragraph 6(6)(b) and damages are recovered
in an amount greater than the capitalized amount of the payments that
may be made to or in respect of the discharged inmate concerned, the difference
between the amount of the damages recovered and the capitalized amount,
minus the cost of bringing the action, shall be paid to or in respect
of the discharged inmate. |
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