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 federal government’s application to have the
excess capital paid to Canada. A copy of the
decisions can be found by clicking on the link to
the applicable province below.
recommendations approved by the Courts, known as the
Distribution Benefits, are:
Late claims – a fixed amount of money has been allocated to a
dedicated fund for the late claims and the Joint
Committee is preparing 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
Family Member payments – payments to children over 21 and to parents of a
deceased HCV infected approved claimant have
increased by $4,600 (1999 dollars)
Loss of Income (pension benefits compensation) – 10% increase subject to a maximum adjustment of
Loss of Services – increase the maximum number of hours per week
which may be 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 –compensation of $200 in the event a family member
(or more than one family member) accompanies an HCV
infected person to a HCV related 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
All of the
benefits described above are retroactive (payments
will be made to increase previously made payments in
line with these HCV Special Distribution Benefits)
except the Out of Pocket Expenses benefit.
All payments for HCV Special Distribution Benefits will be indexed to the date of
The Court Orders have
been approved by all parties, signed by the
supervising judges and issued by the Courts. A copy of the Court Orders can be found by clicking
on the link for the applicable province below.
Administrator has begun processing the payments
approved by the Court Orders.
Given the large number of HCV Special
Distribution Benefits payments to be made, payments
need to be made over time in 3 stages.
stage of payments was
made during the
February 6, 2017 to alive primarily infected
and secondarily infected claimants in respect of
the Fixed payment benefit described above.
stage of payments
during the week of
June 5, 2017 to:
estates of deceased claimants entitled to
the Fixed payment benefit described above;
except for several estates of deceased claimants in
Quebec who will be requested to fill in a
declaration, sign it before a commissioner
of oath and return it to the Administrator
who will issue the cheque upon receipt of
the written consent to act declaration.
members entitled to the Family Member
payment described above.
third stage of
payments was made during the week of
claimants entitled to the Loss of Income
(pension benefits compensation) benefit
the Loss of Service benefit described
the Cost of Care benefit described
Committee will also be filing with the Courts
motions/applications regarding the following:
a proposed Late Claims Plan
a request to permit co-infected Hemophiliacs who
elected to accept
the all-inclusive sum of $50,000 (1999
dollars) an opportunity to re-elect and opt-in
to the Settlement so long as the amount they
received is deducted from the amount they are
entitled to under the Settlement
a request that the loss of services payments
made to disabled children of a deceased HCV
infected approved claimant be extended to the
lifetime of the disabled child.
update this website to let you know if and when the
Courts approve these motions/applications.
ensure that the Administrator has up-to-date contact
information (including an email address if you have
class members who were infected
family members who have received payments under
the executor of the estate of any deceased class
member or deceased family member who has
received payments or is entitled to payments
HCV Special Distribution Benefits.
way to ensure contact information is current is to
email the Administrator at
email@example.com and include the name of the claimant, family member
or estate and the claim number (if you have it) in
the subject line of the mail.
Copies of the materials
that were filed with each of the Courts, as well as
the decisions of the Courts and the Court
Orders/Judgment can be reviewed by clicking on the
links to the applicable province below.