ontario regulation 498/20

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.

Table 1

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