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ARTICLE · 11 DECEMBER 2024

Understanding Subrogation In Ontario Personal Injury Cases: OHIP's Role In Settlements

Siskinds LLP
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Subrogation is a key legal principle in Ontario non-motor vehicle accident personal injury cases, where a third party—such as the Ontario Health Insurance Plan (OHIP)—can recover costs for services...

CanadaLitigation, Mediation & Arbitration
Joe Gaynor
Joe Gaynor
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Subrogation is a key legal principle in Ontario non-motor vehicle accident personal injury cases, where a third party—such as the Ontario Health Insurance Plan (OHIP)—can recover costs for services it has provided due to an injury caused by someone else's negligence. While this concept ensures healthcare costs are recouped, it can also impact how much of a settlement a plaintiff ultimately receives.

What is subrogation?

Subrogation allows a third party, such as OHIP or a private insurer, to "step into the shoes" of an injured party (the plaintiff) and recover expenses they incurred on behalf of the plaintiff. In the context of personal injury law, OHIP is subrogated to the plaintiff's right to recover healthcare costs from the at-fault party. This means that if OHIP has covered medical expenses arising from an accident, it is entitled to reimbursement from any settlement or judgment received by the plaintiff.

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