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1986-1990 HEPATITIS C SETTLEMENT AGREEMENT
THIS AGREEMENT is made as of 15 June 1999
B E T W E E N:
THE ATTORNEY GENERAL OF CANADA ("Canada"),
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH
COLUMBIA ("British Columbia"), HER MAJESTY
THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA ("Alberta"),
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF SASKATCHEWAN
("Saskatchewan"), HER MAJESTY THE QUEEN IN
RIGHT OF THE PROVINCE OF MANITOBA ("Manitoba"),
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO ("Ontario"),
LE GOUVERNMENT DU QUEBEC ("Québec"),
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW
BRUNSWICK ("New Brunswick"), HER MAJESTY
THE QUEEN IN RIGHT OF THE PROVINCE OF NOVA SCOTIA
("Nova Scotia"), HER MAJESTY THE QUEEN IN
RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND ("PEI"),
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEWFOUNDLAND
("Newfoundland"), THE GOVERNMENT OF THE NORTHWEST
TERRITORIES ("Northwest Territories"),
THE GOVERNMENT OF NUNAVUT ("Nunavut"), THE
GOVERNMENT OF THE YUKON TERRITORY ("Yukon Territory"),
(collectively, the "FPT Governments"),
- and -
ANITA ENDEAN, plaintiff in the British Columbia
Transfused Class Action (the "British Columbia Transfused
Plaintiff"), MARTIN HENRY GRIFFEN and ANNA
KARDISH, plaintiffs in the Ontario Transfused Class
Action (the "Ontario Transfused Plaintiffs"),
DOMINIQUE HONHON, plaintiff in the Québec Transfused
Class Action (the "Québec Transfused Plaintiff"),
CHRISTOPHER FORREST MITCHELL, plaintiff in the
British Columbia Hemophiliac Class Action (the "British
Columbia Hemophilia Plaintiff"), JAMES KREPPNER,
and BARRY ISAAC, plaintiffs in the Ontario
Hemophiliac Action (the "Ontario Hemophilia Plaintiffs")
and DAVID PAGE, plaintiff in the Québec Hemophiliac
Class Action (the "Québec Hemophilia Plaintiff")
(collectively, the "Class Action Plaintiffs").
WHEREAS:
A. On 21 June 1996 the
Québec Transfused Plaintiff commenced Action No. 500-06-000016-960
in the Superior Court of the Province of Québec for the District
of Montreal against Canada, Québec, the CRCS and others (the
"Québec Transfused Class Action"); on 19 September
1996 the British Columbia Transfused Plaintiff commenced Action
No. C965349 in the Vancouver Registry of the Supreme Court
of British Columbia against Canada, British Columbia and the
CRCS (the "British Columbia Transfused Class Action");
and on 10 February 1998 the Ontario Transfused Plaintiffs
commenced Action No. 98-CV-141369 in the Ontario Court (General
Division), at Toronto, against Canada, Ontario and the CRCS
(the "Ontario Transfused Class Action") (collectively,
the "Transfused Class Actions").
B. On 24 April 1998 the Ontario
Hemophilia Plaintiffs commenced Action No. 98-CV-146405 in
the Ontario Court (General Division), at Toronto, against
the CRCS and Canada (the "Ontario Hemophiliac Class Action");
on 1 May 1998 the British Columbia Hemophilia Plaintiff commenced
Action No. A981187 in the Vancouver Registry of the Supreme
Court of British Columbia against the CRCS and Canada (the
"British Columbia Hemophiliac Class Action"); and
on 7 May 1998 the Québec Hemophilia Plaintiff commenced Action
No. 500-06-000068-987 in the Superior Court of the Province
of Québec for the District of Montréal against the CRCS, Canada
and Québec (the "Québec Hemophiliac Class Action")
(collectively, the "Hemophiliac Class Actions").
C. The FPT Governments
deny the allegations raised in the Class Actions and nothing
in this Agreement will be construed as an admission of liability
by any FPT Government.
D. The FPT Governments
and the Class Action Plaintiffs, subject to the Approval Orders,
have agreed to settle the Class Actions upon the terms contained
in this Agreement.
E. So as to be bound
by the Approval Orders in the Ontario Transfused Class Action
and the Ontario Hemophiliac Class Action, Alberta, Saskatchewan,
Manitoba, New Brunswick, Nova Scotia, PEI, Newfoundland, the
Northwest Territories, Nunavut and the Yukon Territory may
intervene therein.
NOW
THEREFORE THIS AGREEMENT WITNESSES that, in consideration
of the premises and the covenants and agreements herein contained,
the Parties agree that all actions, causes of actions, liabilities,
claims and demands whatsoever of the Class Members in any
way relating to or arising from, in the case of Transfused
Class Members, the infection of a Primarily-Infected Person
with HCV during the Class Period and, in the case of Hemophiliac
Class Members, the infection of a Primarily-Infected Hemophiliac
with HCV from Blood (including, in each case, the infection
of a Secondarily-Infected Person) will be finally settled
based on the terms and conditions set forth herein upon delivery
of the Approval Orders:
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