Third Party Liability

Information for:

Lawyers

The Health Care Costs Recovery Act and Regulation, together with the Class Proceedings Act are useful reference tools and linked to this site.

Legal proceedings filed before April 1, 2009 when HCCRA comes into force:

There will be an obligation to:

  • provide the Minister with requested information – s. 10(3) and s. 11
  • give the Minister notice before settlement – s. 12
  • seek consent of Minister for proposed settlements – s. 13

There is no obligation to:

  • amend to include a health care services claim – s. 3
  • give the Province written notice of the legal proceeding – s. 4
  • get Minister’s consent before the action is dismissed or discontinued – s. 5

Legal proceedings filed on or after April 1, 2009:

Applies to individual proceedings and those under the Class Proceedings Act

The Plaintiff/Beneficiary has an obligation to:

  • include a health care services claim – s. 3
  • give the government written notice, including a copy of the originating documents – s. 4
  • cooperate with the government to recover the past and future health care costs – s. 11
  • provide notice to the Minister before settlement – s. 12
  • final disposition of a legal proceeding – s. 5
    • the parties must satisfy the court that notice under s. 4, and notice of the application for final disposition have been given to the government, before the court makes a final order – s. 5(3)
    • the Minister’s consent to any discontinuance or CDO must be filed with the court – s. 5(1)

 

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