Ministry of Health Notice (RE OHIP Subrogation) (Sample) (ON)

Summary

This precedent is a sample letter from counsel for the plaintiff to the Ministry of Health and Long-Term Care advising that a subrogation claim on behalf of the Ontario Health Insurance Plan should be commenced. It provides brief details of the client's injury, and the information required to prepare the particulars of the subrogated interest. This precedent includes practical guidance and drafting notes. Once it has been established that an OHIP subrogated claim ought to be advanced, plaintiff's counsel has a duty to notify OHIP of the litigation and seek instructions to advance the subrogated claim. OHIP will provide plaintiff's counsel with a payment summary setting out its claim to date. The file should then be flagged internally so that the subrogated claim comes to the attention of plaintiff's counsel when the case resolves. It is good practice for plaintiff's counsel to explain the concept and existence of a subrogated claim to the plaintiff early on in the litigation, so as to ...