PART VI AUTOMOBILE INSURANCE
Notice and disclosure before action
258.3 (1) An action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile shall not be commenced unless, (a)  the plaintiff has applied for statutory accident benefits; (b)  the plaintiff served written notice of the intention to commence the action on the defendant within 120 days after the incident or within such longer period as a court in which the action may be commenced may authorize, on motion made before or after the expiry of the 120-day period; (c)  the plaintiff provided the defendant with the information prescribed by the regulations within the time period prescribed by the regulations; (d)  the plaintiff has, at the defendant’s expense, undergone examinations by one or more persons selected by the defendant who are members of Colleges as defined in the Regulated Health Professions Act, 1991, if the defendant requests the examinations within 90 days after receiving the notice under clause (b); (e)  the plaintiff has provided the defendant with a statutory declaration describing the circumstances surrounding the incident and the nature of the claim being made, if the statutory declaration is requested by the defendant; and (f)  the plaintiff has provided the defendant with evidence of the plaintiff’s identity, if evidence of the plaintiff’s identity is requested by the defendant. Notice to insurer (2) An insured who receives a notice under clause (1) (b) shall give a copy of the notice to the insurer within seven days of receiving the notice. Same (3) If the insured is unable because of incapacity to comply with subsection (2) within seven days of receiving the notice, the insured shall comply as soon as possible thereafter. Contents of notice (4) The notice under clause (1) (b) shall inform the person to whom it is given of the obligation under subsection (2). Limits on examination (5) An examination under clause (1) (d) shall not be unnecessarily repetitious and shall not involve a procedure that is unreasonable or dangerous. Examiner may ask questions (6) A person examined under clause (1) (d) shall answer the questions of the examiner relevant to the examination. Copy of report (7) If a person who performs an examination under clause (1) (d) gives a report on the examination to the defendant, the defendant shall ensure that the plaintiff receives a copy of the report within 60 days after the defendant receives the report. Prejudgment interest (8) In an action for loss or damage from bodily injury or death arising directly or indirectly from the use or operation of an automobile, no prejudgment interest shall be awarded under section 128 of the Courts of Justice Act for any period of time before the plaintiff served the notice under clause (1) (b). Same (8.1) Subsection 128 (2) of the Courts of Justice Act does not apply in respect of the calculation of prejudgment interest for damages for non-pecuniary loss in an action referred to in subsection (8). 2014, c. 9, Sched. 3, s. 12. Failure to comply (9) Despite subsection (1), a person may commence an action without complying with subsection (1), but the court shall consider the non-compliance in awarding costs. Service (10) Section 33 applies, with necessary modifications, to the service of a notice under clause (1) (b).  1996, c. 21, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 22 - 01/11/1996 2014, c. 9, Sched. 3, s. 12 - 01/01/2015