Subrogated Claim Notice to OHIP (with Subrogation Interest Information Request) (ON)

Summary

This precedent is a letter advising OHIP of a subrogated claim and requesting that OHIP provide a subrogation summary and instructions. This precedent includes practical guidance and drafting notes. The Ontario Health Insurance Plan ("OHIP") has a right to subrogate in certain personal injury matters, such as slip and falls, medical malpractice, product liability, municipal liability and other non-motor vehicle incidents. The right to subrogate is conferred by s. 30 of the Health Insurance Act, R.S.O. 1990, c. H.6, and requires the plaintiff to advance claims to recover the cost of benefits or services that were provided or will be provided to the plaintiff by OHIP as a result of their injuries. Although OHIP is not named as a plaintiff in the lawsuit, its claims "piggy back" onto those claims advanced personally by the plaintiff. When the plaintiff recovers the value of their subrogated claim from the defendant, the money flows through the plaintiff to OHIP. As with other claims for ...