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British Columbia Court Reasons for Judgement – July 12, 2002

Citation: Endean v. Canadian Red Cross Society et al
 
Date: 20020712
2002 BCSC 1028  
Docket: C965349
   
Registry: Vancouver

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:
ANITA ENDEAN, AS REPRESENTATIVE PLAINTIFF
PLAINTIFF

AND:
THE CANADIAN RED CROSS SOCIETY
HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE OF BRITISH COLUMBIA
AND THE ATTORNEY GENERAL OF CANADA
DEFENDANTS

AND:
PRINCE GEORGE REGIONAL HOSPITAL,
DR. WILLIAM GALLIFORD, DR. ROBERT HART DYKES,
DR. PETER HOUGHTON, DR. JOHN DOE,
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AND HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE OF BRITISH COLUMBIA
THIRD PARTIES

PROCEEDING UNDER THE CLASS PROCEEDINGS ACT,
R.S.B.C. 1996, C. 50

REASONS FOR JUDGMENT OF THE
HONOURABLE MR. JUSTICE PITFIELD

Counsel for the British Columbia Joint Committee   J.J. Camp, Q.C.
S.D. Matthews
Counsel for the Fund:
Counsel for the Federal Crown:
Counsel for the Provincial Crown:

  W.A. Ferguson
W. Divoky
C. Prowse
Date and Place of Hearing:   June 27, 2002
    Vancouver, B.C.
  1. The British Columbia Member of the Joint Committee responsible for the administration of the 1986 - 1990 Hepatitis C Settlement Agreement applies for an order amending the Transfused HCV Plan and the Hemophiliac HCV Plan to permit the payment of $5,000 and interest withheld from qualified recipients pursuant to s. 4.01(1)(b) of each Plan and to remove the holdback requirement in relation to future claimants. Similar applications have been made by the Joint Committee Member in the Ontario and Quebec class actions.
  2. I have reviewed the reasons of Winkler J. in Parsons et al v. The Canadian Red Cross Society et al released July 11, 2002, No. 98-CV-141369CP (S.C.J.) allowing the application by the Joint Committee Member in the Ontario action.
  3. I agree with the reasons and the result. The application of the Joint Committee in the British Columbia action is granted, the amounts withheld shall be paid together with interest, and the Transfused and Hemophiliac Plans are amended to delete the holdback requirement stipulated in s. 4.01(1)(b) of each Plan.

“The Honourable Mr. Justice Pitfield”

 

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