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.
The Courts have established a schedule for the steps leading up to a joint hearing (the “Joint Hearing”), which can be found here. 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 Courthouse, 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
from 8:30 AM to 2:30 PM local Pacific Time
Montreal courthouse - courtroom 15.04
1, Notre-Dame East Street
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 orders rendered can be reviewed by clicking on the links to the applicable province below. This website will be updated to include additional materials that are filed with the Courts as well as any Orders or directions issued in connection with the Joint Hearing.
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 government of British Columbia also opposes the Joint Committee’s request. The position of the other provinces and territories on the Joint Committee’s request is not currently known. However, none of the provinces and territories have sought to have any part of the surplus paid to them. The Joint Committee opposes the federal government’s surplus application and has filed responding materials.
A group of seven physicians, researchers and scientists has 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;
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 firstname.lastname@example.org and we will update or add your email address to your file. Your email address will remain strictly confidential and will not be distributed.
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.
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
Payments to approved claimants
Approved and denied claims