OHIP / Subrogate Claims and Costs

This session provides a practical overview of Ontario Health Insurance Plan (OHIP) recovery claims and other subrogated cost considerations in civil litigation. Joni Dobson will highlight the statutory framework governing OHIP’s right of recovery, explain the mechanics of subrogated claims in insurance and personal injury contexts, and share strategies for efficiently managing these issues in practice. The program will emphasize lawyers’ professional obligations when advising clients on subrogated claims, including duties of competence, fiduciary responsibility, and clear communication. Participants will also learn how to avoid common pitfalls in handling recoveries, ensure proper trust accounting, and manage client expectations while maintaining compliance with statutory and ethical requirements. Learning Objectives: By the end of this session, participants will be able to: identify the legal basis for OHIP and subrogated claims and when they arise in litigation, navigate the timelines, notices, and documentation required to address OHIP cost recovery, apply strategies for resolving subrogated claims in a manner that protects client interests and minimizes risk, recognize and apply professional obligations related to competence, fiduciary duties, client communication, and handling client funds in trust.