The decisions of Justice
Perell, Justice Corriveau and Chief Justice Hinkson
on the applications to allocate excess capital were
released in mid August 2016. Each of the
courts approved 7 of the 9 recommendations (with
some modifications) made by the Joint Committee.
Each of the courts dismissed the application of
Canada to have the excess capital paid to Canada.
Links to the decisions of the courts appear below.
The federal government has advised the Joint
Committee that it will not appeal.
Late claims – a fixed
amount of money has been allocated to a
dedicated fund for the late claims and the Joint
Committee may set up a plan for processing them and
paying the eligible ones. This specific Late Claims
Plan must be pre-approved by the courts.
Fixed payments – Level 1,
2, 3, 5 and 6 fixed payments, the $50,000 fixed
payment (1999 dollars) under the Hemophilia Plan,
and fixed payments for the estates of persons who
died before 1999 ($50,000, $72,000 or $120,000 in
1999 dollars) have each increased by an amount equal
to 8.5% of the 2014 dollar value of these payments.
Family member payments –
payments to children over 21 and to parents of
deceased have increased by $4,600 (1999 dollars)
Loss of income (pension
benefits compensation)– 10% increase subject to a
maximum adjustment of $20,000 annually
Loss of services – increase
the maximum number of hours per week which are
compensated from 20 to 22
Cost of care – increase the
maximum amount payable per year from $50,000 (1999
dollars) to $60,000 (1999 dollars)
Out of Pocket expenses –
additional compensation of $200 in the event a
family member (or more than one family member)
accompanies an HCV infected person to a medical
appointment. This payment is $200 regardless of how
many family members attend the appointment and is
paid from August 16, 2016 (date of the last
judgement approving the recommendation) and forward only.
All of the benefits
described above are retroactive (adjustments will be
made for past losses) except the out of pocket
expenses new benefit. They will all be indexed
as per the existing provision of the Plans to that
The Joint Committee is
taking steps to implement the recommendations. The
late claims issue and the special circumstances of
some class members will require further applications
and approvals to the courts. That work is in
progress. The implementation of the other
approved recommendations requires several
programming changes which must be designed and
implemented carefully in order to ensure accurate
financial reporting capabilities and optimal
efficiency of the claims management system.
The goal of the Joint Committee is to implement
these recommendations as soon as possible and in the
burdensome and easiest way for the class members
but that will take detailed and careful planning. We
are striving to have at least some of the
recommendations implemented in December 2016.
In the meantime, please
ensure the Administrator has your current contact
information, including an email address unless you
do not have an email address. The best way to ensure
your contact information is current is to email the
email@example.com with your claim number in the
Copies of the materials that have been filed with each of the Courts including the written submissions to the Courts from each of the parties can be reviewed by clicking on the links to the applicable province below.