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Class Proceedings Act, 1992

ONTARIO REGULATION 498/20

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).

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