O. Reg. 498/20: SUBROGATED CLAIMS
under Class Proceedings Act, 1992, S.O. 1992, c. 6
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SUBROGATED CLAIMS
Consolidation Period: From May 1, 2022 to the e-Laws currency date.
Last amendment: 200/22.
Legislative History: 200/22.
This is the English version of a bilingual regulation.
Subrogated claims
1. For the purposes of section 27.3 of the Act,
(a) the claims that are prescribed as a subrogated claim are the claims set out in Column 1 of Table 1 of this Regulation;
(b) the person or entity on whom the originating process for a subrogated claim set out in Column 1 of Table 1 of this Regulation must be served under subsection 27.3 (2) of the Act is the person or entity set out in the corresponding row in Column 2 of Table 1 of this Regulation; and
(c) the person or entity whose approval is required under subsection 27.3 (3) of the Act in respect of a settlement or release of a subrogated claim set out in Column 1 of Table 1 of this Regulation is the person or entity set out in the corresponding row in Column 3 of Table 1 of this Regulation.
2. Omitted (provides for coming into force of provisions of this Regulation).
|
Item |
Column 1 Claim |
Column 2 To be served, under s. 27.3 (2) of the Act |
Column 3 Subject to approval of, under s. 27.3 (3) of the Act |
|
1. |
A claim brought on behalf of the Ontario Health Insurance Plan respecting the subrogated right created under subsection 30 (1) of the Health Insurance Act. |
Attorney General of Ontario, by personal service or an alternative to personal service in accordance with the rules of court |
General Manager under the Health Insurance Act |
|
2. |
A claim brought on behalf of the Minister of Health respecting the subrogated right that was created under subsection 59 (2) of the Home Care and Community Services Act, 1994 before its repeal. |
Attorney General of Ontario, by personal service or an alternative to personal service in accordance with the rules of court |
Minister responsible for the administration of the Ministry of Health and Long-Term Care Act |
|
3. |
A claim brought on behalf of the Minister of Health respecting the subrogated right created under subsection 11.2 (1) of the Ministry of Health and Long-Term Care Act respecting costs mentioned in paragraph 1 of that subsection.
|
Attorney General of Ontario, by personal service or an alternative to personal service in accordance with the rules of court |
Minister responsible for the administration of the Ministry of Health and Long-Term Care Act |
|
4. |
A claim brought on behalf of the Minister of Long-Term Care respecting the subrogated right created under subsection 11.2 (1) of the Ministry of Health and Long-Term Care Act respecting costs mentioned in paragraph 2 of that subsection.
|
Attorney General of Ontario, by personal service or an alternative to personal service in accordance with the rules of court |
Minister responsible for the administration of the Ministry of Health and Long-Term Care Act |
O. Reg. 498/20, Table 1; O. Reg. 200/22, s. 1.