Commentary on Sections Part 1 – Assignation Abolition of certain rules of law Section 17 – Abolition of certain rules of law
100.Subsection (1) abolishes four common law rules insofar as they apply to assignations to which Part 1 applies:
101.Subsection (2) provides that the abolition of the third rule described above does not affect any rule as regards subrogation. Subrogation is the legal principle whereby someone stands in the place of another person and acquires that person’s rights and responsibilities, which may be regarded as a form of assignation. The effect is to preserve the well-established practice that insurers sue in the name of the insured in personal injury and other insurance cases.