Counsel liability issues raised by OHIP
subrogated claims Counsel representing clients who seek compensation for injuries caused by another's negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long - Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from... Read More»
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.
We also act for Insurers in fidelity and surety bond
claims, in advancing
subrogated claims, and as class action monitoring
counsel.
Having previously dismissed this
subrogated claim for damages for negligence [2017] EWHC 62 (TCC) following a 6 day trial in the TCC, last week HHJ McKenna awarded the successful Defendant its costs in full after a separate hearing at which the Claimants were again represented by leading
counsel.