Our firm has a strong track record in
advancing subrogated claims on behalf of its clients, bringing a practical and common - sense approach to subrogation.
Cassandra also assists insurers in
advancing subrogated claims and practices employment law, where she represents both employee and employer clients.
We also act for Insurers in fidelity and surety bond claims, in
advancing subrogated claims, and as class action monitoring counsel.
The Mortmans» have filed a review at the Ontario Labour Relations Board and the federal government was granted standing to
advance subrogated claims for the payments it made to the employees under the WEPPA.
In circumstances where benefits are received prior to an election to advance a civil action, WSIB will often not commence its own separate action for reimbursement of the benefits paid, but rather, will seek reimbursement by having
you advance a subrogated claim on its behalf.
Another instance where you may need to protect or
advance a subrogated claim is in an action involving the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sch.
Interestingly, you should be aware that, pursuant to section 30 (5) of the Health Insurance Act, OHIP is not entitled to
advance a subrogated claim for costs incurred or future costs related to injuries sustained in motor vehicle collisions.
Not exact matches
Failure to
advance OHIP's
subrogated claim can lead to adverse consequences for both the injured plaintiff and plaintiff's counsel.
Section 31 of the act creates a solicitor and client relationship between claimant's counsel and the General Manager of OHIP which effectively obliges plaintiffs» counsel in personal injury matters to properly
advance the
subrogated interests of OHIP when prosecuting and resolving the
claims of their injured clients.
Remember, failure to
advance OHIP's
subrogated interest could lead to legal difficulties for both the plaintiff and plaintiff's counsel as a release or settlement of a
claim is not binding on OHIP without OHIP's approval of the release or settlement.
The takeaway for employers looking to
advance such
subrogated claims is that where such information is required it will be necessary to either: (a) obtain the cooperation and consent of the worker; (b) make a request pursuant to section 58 of the WSIA; or, maybe depending on what the Information and Privacy Commissioner has to say, (c) make a an access to information request.
If there is a
subrogated claim at issue, instructions should be obtained from the
subrogated entity at the outset to protect and
advance its interests in the civil action, as failing to do so will only lead to detrimental consequences to you and all others involved.