Carfra Lawton LLP | Victoria BC

    New Forms under the Health Care Costs Recovery Act

    There are now new forms under sections 4, 10, 12 and 13 of the Health Care Costs Recovery Act.

    Notice of Legal Proceeding (s.4 Form)
    This now requires the name and contact information for the wrongdoer’s representative (legal counsel/adjuster). The form no longer asks whether an ambulance was called, if the plaintiff went to hospital or if the plaintiff saw a doctor.

    Information from Insurer (s.10 Form)
    This now requires the date of birth and the personal health number of the injured, a description of the nature of the incident and categorization as a motor vehicle or slip and fall (or if in the “other” category, when additional details are required).

    Beneficiary’s Notice to Minister (s.12 Form)
    This now requires the incident location and the nature of the incident (motor vehicle or slip and fall, or if “other” additional details must be included). The new form no longer asks about ambulances, hospitals or doctors. It also requires the names and contact information for both the beneficiary’s counsel and the wrongdoer’s representative (defence counsel/adjuster).

    Notice of Proposed Terms of Settlement (s.13 Form)
    This now requires the total settlement amount and the amount proposed for health care costs to be stated. As before, you must attach the proposed settlement terms, draft terms of settlement or settlement agreement, release and covenants not to sue. Now you must also attach, if applicable, a Consent Dismissal Order or Notice of Discontinuance. It asks if the claim is continuing against any other wrongdoer, but no longer asks whether the claim is a class action or if a lawsuit has been filed.

    For more information, please contact Fareeha Qaiser.