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O. Reg. 498/20: SUBROGATED CLAIMS
under Class Proceedings Act, 1992, S.O. 1992, c. 6
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March 11, 2022 – April 30, 2022 | |
October 1, 2020 – March 10, 2022 | |
September 16, 2020 – September 30, 2020 |
Class Proceedings Act, 1992
SUBROGATED CLAIMS
Historical version for the period September 16, 2020 to September 30, 2020.
Note: This Regulation comes into force on October 1, 2020, the day section 35 of Schedule 4 to the Smarter and Stronger Justice Act, 2020 comes into force.
No amendments.
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 and Long-Term Care respecting the subrogated right created under subsection 59 (2) of the Home Care and Community Services Act, 1994. |
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 Home Care and Community Services Act, 1994 |