O. Reg. 498/20: SUBROGATED CLAIMS
filed September 16, 2020 under Class Proceedings Act, 1992, S.O. 1992, c. 6
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made under the
Class Proceedings Act, 1992
Made: September 16, 2020
Filed: September 16, 2020
Published on e-Laws: September 17, 2020
Printed in The Ontario Gazette: October 3, 2020
Subrogated Claims
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.
Commencement
2. This Regulation comes into force on the later of the day section 35 of Schedule 4 to the Smarter and Stronger Justice Act, 2020 and the day this Regulation is filed.
|
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 |