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Hepatitis C - Class Actions Settlement
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IMPORTANT NOTICE

The Joint Committee and the federal government have filed materials with the Courts relating to financial sufficiency under the 1986-1990 Hepatitis C Settlement Agreement. The actuaries retained by the Joint Committee and the federal government have both expressed the opinion that the Trust Fund is financially sufficient as at December 31, 2013.  The actuaries have also expressed the opinion that the assets exceed expected liabilities such that there is a surplus. The surplus is estimated to be between $207 million and $256 million as at December 31, 2013.

At the Joint Hearing, the Courts will hear submissions regarding whether the Courts should exercise their discretion to allocate all or a portion of that surplus in accordance with the orders they issued in 1999 approving this settlement and, if so, how it should be allocated.

The Joint Hearing will take place on June 20-22, 2016 at the Court house, 361 University Avenue, Toronto, Ontario - courtroom 6-1 from 11:30 AM to 5:30 PM (Eastern Time).

There will also be video links in British Columbia and in the Province of Québec where you can watch the Joint Hearing live at the following locations:

Vancouver Law Courts, - courtroom 52
800 Smithe Street
Vancouver, B.C.
from 8:30 AM to 2:30 PM (local Pacific Time)

Montreal court house - courtroom 15.04
1, Notre-Dame East Street
Montreal, Qc
from 11:30 AM to 5:30 PM (local Eastern Time)

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. This website will be updated to include any additional materials that are filed with the Courts as well as any Orders or directions issued in connection with the Joint Hearing.

British Columbia
Ontario
Quebec

In summary, the Joint Committee has requested that: about $205 million of the surplus be paid out to benefit Class Members and Family Class Members with specific recommendations on how this should be done; and, the remaining surplus be retained in the fund.  An update summary of the Joint Committee’s recommendations to the Courts (which were recently amended) can be found here

The federal government opposes the Joint Committee’s request and has asked that the entire surplus be paid to the federal government or retained in the fund; or, that the amount sought to be paid out to the Class Members and Family Class Members be limited. The Joint Committee opposes the federal government’s surplus application and has filed responding materials.

The government of British Columbia also opposes the Joint Committee’s request and urges the Courts to find that the facts favour the federal government’s requests.

The government of Quebec opposes the Joint Committee application, alternatively, if any allocation is ordered, seeks a declaration that PGQ will not be affected in any way.    

The government of Ontario takes no position on the application by the Joint Committee or the federal government, except to ask that any order made not affect the integrity of the settlement agreement.

The governments of the other provinces and territories take no position on the application by the Joint Committee or the federal government, except to ask that the allocation be made without prejudice to their financial position.

None of the provinces and territories has sought to have any part of the surplus paid to it.

A group of seven physicians, researchers and scientists filed an application seeking leave to intervene as added parties to the class actions and requesting that approximately $155 million of the surplus be paid out to them for a proposed national Hepatitis C virus initiative. The Joint Committee, the federal government and the government of Quebec opposed this request and have filed written arguments in response. The Courts in each jurisdiction denied this request for intervention. The physicians have advised they will not appeal the Courts’ decisions and accordingly their request will not be before the Courts.

We're here to help you

In this Web site, you will find important information on key aspects of the Hepatitis C (HCV) January 1, 1986-July 1, 1990 Class Actions Settlement.  Please note that the settlement is for the benefit of two main groups:

  • Persons who were infected with HCV for the first time through blood transfusions during the period of January 1, 1986 to July 1, 1990, and certain members of their families;
    and
  • Persons with certain congenital clotting deficiencies (hemophilia) or Thalassemia Major who contracted HCV and received Blood and blood products in Canada during the period of January 1, 1986 to July 1, 1990, and certain members of their families.

Please read the information on this Web site very carefully. This will help you to determine whether you are eligible or not for compensation as a member of one of the two groups identified above. Once you have read and reviewed the information contained in this Web site, you can contact the Administrator if you have any questions or comments.

To do so, you may send an email or call us toll-free, at 1-877-434-0944. Our business hours are 8:30 am to 4:30 pm, Eastern Time, Monday to Friday.

DID YOU KNOW?

  • A key feature of the benefits under The 1986-1990 Hepatitis C Settlement Agreement is that Approved HCV Infected Class Members are able to return for additional compensation if their Disease progresses.  For example, you may have been entitled to Level 2 compensation in the past, but if your Disease has already progressed or does progress in the future you may be approved at a higher disease level and awarded additional compensation. Please contact the Administrator for further information regarding this important feature of the Settlement Agreement.  
  • If you are an Approved Class Member you may be eligible for reimbursement for uninsured costs of HCV treatment and medications in addition to out-of-pocket expenses such as travel costs associated with seeking medical advice and treatment regarding your Hepatitis C. 
  • It is important to designate an Executor of your Estate in your Will for the continuation of your claim in the event that you may pass away.  It is also important to inform your Executor to contact the Administrator regarding your claim under the 1986-1990 Hepatitis C Settlement Agreement as compensation may be available to your family members if Hepatitis C has materially contributed to your death.  Please note that certain claim deadlines will apply to family member applications.   
  • You can add your email address to your file by emailing us at info@hepc8690.ca and we will update or add your email address to your file.  Your email address will remain strictly confidential and will not be distributed. 

Important notice!

Any person who submits a statement of claim to the Administrator containing intentionally inaccurate and/or false information in order to obtain undue benefits under the Agreement is liable to criminal and/or civil action.

 

Disclaimer

 
What's New

March 4, 2015 – Recent HCV Diagnosis Exception to the June 30, 2010 First Claim Deadline

The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals who first learned of their infection with HCV within three (3) years prior to first having advised the Administrator of a potential claim.  To view the Court Approved Protocol, click here

 

March 4, 2015 - Issuance of Initial Claims Packages after the June 30, 2010 First Claim Deadline

The Court has amended a protocol with regards to issuing Initial Claim Packages to individuals upon request, provided that certain conditions are met. To view the Court Approved Protocol, click here

 

May 1, 2014 – Request Form – Deficiency Deadline Extension

Should you wish to request and extension of your Deficiency Deadline, please submit a “Request Form – Deficiency Deadline Extension” setting out (a) the steps already taken to cure the deficiencies; (b) the reasons why the deficiencies have not been cured to date; and (c) the new steps you propose to take to cure the deficiencies and how long these steps will take. To view and print a “Request Form – Deficiency Deadline Extension”, click here.

 

May 1, 2014 – Deficient Claims, Claimants that Cannot be Located and Duplicate Claims

The Court has approved a protocol with regards to Deficient Claims, Claimants that Cannot be Located and Duplicate Claims. To view the Court Approved Protocol, click here.

 

Pre 1986 / Post 1990 Settlement

For further information on that settlement visit

www.pre86post90settlement.ca


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