| 6.01 |
Assistance Available in Matters Affecting Professional Character or Interests of Members. The Council may undertake the conduct of or assist in the conduct or defence of any matter or proceedings, by action or complaint, whether of a strictly legal nature or otherwise concerning or affecting, whether directly or indirectly, the professional character or interests of:
| (a) |
any Member; |
| (b) |
any former Member; |
| (c) |
any deceased Member; provided that:
| (i) |
the Council shall be satisfied that the matter or proceedings arises out of the practice of the Member, former Member or deceased Member and at a time when the Member, former Member or deceased Member was a Member of the Association; |
| (ii) |
the person making the request shall abide absolutely by every decision of the Council on the conduct or defence or settlement of the matter or proceedings and shall not, without the prior authority of the Council or its duly appointed representatives, unless otherwise allowed by the Council, take any steps with reference to such matter or proceedings; and |
| (iii) |
the person making the request shall not then be a former Member who shall, at the time of the commencement of such matter or proceedings, by action or complaint, or at the time of threat thereof, have in force a policy of insurance whereby the person may be indemnified with respect to the occurrence complained of. |
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| 6.02 |
Application for Assistance. It shall be the duty of any person desiring the assistance of the Association in respect of any claim or complaint being threatened or brought against any person or the legal personal representatives of a person specified in Section 6.01, or upon there occurring to the knowledge of any such person any circumstance, error, mistake, omission or act which might give rise to an application for assistance from the Association, to forthwith communicate the facts to the Executive Director. |
| 6.03 |
Authority of Council to Grant Assistance. Upon the receipt by the Association of a request for assistance, and upon the receipt from the person requesting assistance of a statement in writing giving full particulars of the circumstances of and surrounding the matter, and upon the receipt of such other material and information as Council may require, and after such investigation as the Council may direct, the Council shall decide whether a matter or proceedings is such that the Association shall assist and the extent of such assistance.
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| 6.04 |
Nature and Extent of Assistance.
| 6.04.01 |
Subject to the like conditions as are specified in the provisions of Section 6.01 and to the other provisions of this By-law, the Council may grant from the funds of the Association to any person specified in Sections 6.01(a) and 6.01(b) and to the legal personal representatives of the persons specified in Sections 6.01(a), 6.01(b) and 6.01(c) assistance, wholly or in part, with regard to any matter, action, proceedings, claim or demand or complaint concerning or affecting, whether directly or indirectly, the professional character or interests of such Member or former Member or deceased Member, and the assistance may extend to all incidental or consequential losses, damages, costs, charges and expenses (exclusive of fines or penalties) and to fees and disbursements of legal counsel authorized by the Council. |
| 6.04.02 |
Unless otherwise determined by the Council it shall not grant the assistance of the Association, where it is alleged, or established by evidence, in any action or other proceedings or by other evidence accepted by the Council in its discretion, that the matter complained of arose out of the act, default, negligence, error or mistake:
| (a) |
of any person, other than a Member or former Member or deceased Member, when that person though eligible to apply for membership was not a Member; |
| (b) |
by the Member or former Member or deceased Member while that Member's ability to perform as a medical practitioner was impaired by the misuse of alcohol or drug; |
| (c) |
by the Member or former Member or deceased Member at a time when such Member was acting in violation of any statute, law or ordinance or in the commission of any criminal act or act with criminal intent. |
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| 6.04.03 |
Assistance by the Association shall be granted, and its extent shall be determined, by resolution of the Council. The grant of assistance and its continuance shall be made only upon such terms and conditions as determined by the Council. The Council shall have full discretion in every case to limit or restrict the grant of assistance or altogether to decline to grant the same or to terminate any assistance granted. Any Member may request reconsideration of any decision to limit, restrict, decline or terminate a grant of assistance and reconsideration shall occur in a manner specified by Council. |
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| 6.05 |
Subrogation of the Association. When any person is assisted by the Association, then, by accepting such assistance, the person receiving such assistance shall be deemed to have agreed that the Association is subrogated, to the extent of the assistance rendered, to all such person's rights of recovery therefore against any person or organization and the Member, the former Member and the legal personal representatives of a deceased Member shall execute and deliver such instruments and papers and do whatever is necessary in the opinion of the Council to secure such rights. The Member, former Member and the legal personal representatives of a deceased Member shall do nothing to prejudice such rights. |
| 6.06 |
Assistance by Members. It shall be the duty of every Member, former Member and the legal personal representatives of every deceased Member, being assisted by the Association, to aid and co-operate fully with the Association and counsel appointed by the Association and the Association's representatives, at the Association's request, in respect of any matter or proceedings concerning such person, in particular, without limiting the scope of such aid and co-operation, in providing statements, oral and written, in meeting with counsel appointed by the Association and the Association's representatives, in securing and giving evidence, all without charge to the Association unless such charges are specifically agreed upon by the Association. |
