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.
Over the course of several years, the School Board had collected several hundreds of thousands of dollars through
such subrogated actions, and it was concerned that it would lose this ability if the lower Court's interpretation of the Insurance Act were upheld.
In the first instance, Syncrude lost, with the Justice holding that the Insurance Act now barred
such a subrogated claim.
Not exact matches
Syncrude had paid out
such benefits, and sought to exercise its right, contained in the employment contract, to
subrogate for the amount paid out.
Under cl 6.1 (c), assignees of a claimant's right of action and
subrogated claimants (
such as credit hire charges and sick pay) are excluded.
Further, no one would be permitted to launch any
subrogated claims with respect to
such benefits.
(19) The Workplace Safety and Insurance Board is not
subrogated to a right of recovery of the insured against another person in respect of a payment or benefit paid by the Workplace Safety and Insurance Board to the insured or in respect of a liability to make
such payment or benefit.
Instead, the claim flowed from equitable principles entitling a guarantor to be
subrogated to the claims of its payee, and as
such, the selling shareholder's claim was one founded only in debt and nothing more.
In the event of any payment under the policy, we will be
subrogated to the extent of
such payment to all the insured person's rights of recovery.