2004 Annual Report
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Schedule P - Report of Fund Counsel
- The duties and responsibilities of Fund Counsel
are defined by Section 7.01 of the January 1, 1986
- July 1, 1990 Hepatitis C Settlement Agreement. These duties
and responsibilities include:
- defending decisions made by the Administrator;
- defending and advancing the interests of
the Trust Fund;
- receiving financial statements and actuarial
and other reports relating to the financial
sufficiency of the Trust Fund from time to time;
and
- if deemed necessary or desirable by Fund Counsel, making
applications to courts pursuant to Section 10.01
of the Settlement Agreement.
- John Callaghan was appointed as Fund Counsel
for the Ontario Class Actions by Order of the Ontario
Superior Court of Justice. Carolyn Horkins, formerly acting
as Fund Counsel for the Ontario Class Actions, was appointed
a Judge of the Ontario Superior Court of Justice on May 3,
2004 . An Order of the Superior Court of Justice is pending
to replace Ms Horkins as Fund Counsel for the Ontario Class
Action by Belinda Bain. Mason Poplaw was appointed Fund Counsel
for the Quebec Class Actions by Order of the Quebec Superior
Court. William Ferguson was appointed Fund Counsel for the
British Columbia Class Actions by Order of the British Columbia
Supreme Court.
- During the fiscal period of April 1, 2003
through to March 31, 2004 , Fund Counsel were primarily involved
in defending decisions made by the Administrator on appeals
instituted by claimants. The appeals are conducted either
as References or Arbitrations. Appeals can be conducted in
writing or in person. In each case, written submissions are
delivered to the claimant and the Referee/Arbitrator in advance
of the appeal. When the appeal is conducted in person, Fund
Counsel attends the hearing. The hearing is held where the
claimant resides.
- If the appeal is conducted by way of Reference,
the Referee's decision is final and binding within
30 days of the release of the decision unless a claimant
opposes confirmation within the 30 day period. If confirmation
of the Referee's decision is opposed by the claimant, the
Referee's decision is reviewed by the Court.
- In addition to the appeals, Fund Counsel
have also handled claims where court approval was necessary
for payments involving minors or a mentally incompetent adult.
- Fund Counsel also receive and review financial
statements and other reports relating to the financial
sufficiency of the Trust Fund.
- Below is a report of the activities of each
Trust Fund Counsel in relation to the appeals conducted:
- Ontario Fund Counsel
Ontario Fund Counsel handles appeals from Claimants
in Alberta , Manitoba , Ontario , Saskatchewan , New Brunswick
, Newfoundland , Nova Scotia , Prince Edward Island , Yukon
Territory , The Northwest Territories and Nunavut .
Number of total
appeals received
from the beginning to March 31, 2004 : |
182 |
Number of appeals
received
from April 1, 2003 to March 31, 2004 : |
54 |
Number of total
completed appeals (decisions rendered)
from the beginning to March 31, 2004 : |
94 |
Number of completed
appeals (decisions rendered)
from April 1, 2003 to March 31, 2004 : |
34 |
Number of total
withdrawals
from the beginning to March 31, 2004 : |
22 |
Number of withdrawals
from April 1, 2003 to March 31, 2004 : |
10 |
Number of total
rescissions of denial
from the beginning to March 31, 2004 : |
15 |
Number of rescissions
of denial
from April 1, 2003 to March 31, 2004 : |
5 |
Number of pending
appeals as of March 31, 2004 : |
51 |
Number of total
requests for judicial confirmation
from the beginning to March 31, 2004 : |
14 |
Number of requests
for judicial confirmation
from April 1, 2003 to March 31, 2004 : |
3 |
Number of total judicial decisions
from the beginning to March 31, 2004 :
|
8
|
Number of judicial
decisions
from April 1, 2003 to March 31, 2004 : |
1 |
Because Ontario Fund Counsel is involved in appeals
from a number of provinces, there is a significant
amount of travel involved in conducting some of the
appeals.
Ontario Fund Counsel incurred fees of $308,167.50
plus GST on fees of $ 21,571.73 and disbursements
of $36,178.03 (including $20,722.44 for traveling
expenses such as airfare, hotel, taxi, parking and
meals together with $6,237.50 for medical experts' fees
and expenses with respect to preparing reports and testifying
at hearings) plus GST on disbursements of $2,363.05.
With taxes, the total amount of fees and disbursements incurred
is $368,280.31.
- Quebec Fund Counsel
Particulars of the appeals are as follows:
Number of total
appeals received
from the beginning to March 31, 2004 : |
47 |
Number of appeals
received
from April 1, 2003 to March 31, 2004 : |
12 |
Number of total
completed appeals (decisions
rendered)
from the beginning to March 31, 2004 : |
27 |
Number of completed
appeals (decisions rendered)
from April 1, 2003 to March 31, 2004 : |
10 |
Number of total
withdrawals
from the beginning to March 31, 2004 : |
1 |
Number of withdrawals
from April 1, 2003 to March 31, 2004 : |
0 |
Number of total
mediated appeals
from the beginning to March 31, 2004 : |
1 |
Number of mediated
appeals
from April 1, 2003 to March 31, 2004 |
1 |
Number of total
rescissions of denial
from the beginning to March 31, 2004 : |
2 |
Number of rescissions
of denial
from April 1, 2003 to March 31, 2004 : |
2 |
Number of pending
appeals as of March 31, 2004
: |
16 |
Number of total
requests for judicial confirmation
from the beginning to March 31, 2004 : |
4 |
Number of requests
for judicial confirmation
from April 1, 2003 to March 31, 2004 : |
3 |
Number of total
judicial decisions
from the beginning to March 31, 2004 : |
2 |
Number of judicial
decisions
from April 1, 2003 to March 31, 2004 : |
1 |
In the next fiscal year, Quebec Fund Counsel
may need the assistance of medical experts to testify at the in-person
hearings.
Quebec Fund Counsel has incurred fees of $134,433 and disbursements of $8,929.70.
With taxes, the total amount of fees and disbursements incurred in Quebec is
$153,398.08.
- British Columbia
Particulars of the appeals are as follows:
Number of total
appeals received
from the beginning to March 31, 2004 : |
41 |
Number of appeals
received
from April 1, 2003 to March 31, 2004 : |
11 |
Number of total
completed appeals (dec rendered)
from the beginning to March 31, 2004 : |
25 |
Number of completed
appeals (dec rendered)
from April 1, 2003 to March 31, 2004 : |
8 |
Number of total
withdrawals
from the beginning to March 31, 2004 : |
5 |
Number of withdrawals
from April 1, 2003 to March 31, 2004 : |
1 |
Number of total
rescissions
from the beginning to March 31, 2004 : |
0 |
Number of rescissions
from April 1, 2003 to March 31, 2004 : |
0 |
Number of total
mediated appeals
from the beginning to March 31, 2004 : |
0 |
Number of mediated
appeals
from April 1, 2003 to March 31, 2004 : |
0 |
Number of pending
appeals as of March 31, 2004 : |
11 |
Number of total
request for judicial confirmation
from the beginning to March 31, 2004 : |
8 |
Number of requests
for judicial confirmation
from April 1, 2003 to March 31, 2004 : |
4 |
Number of total
judicial decisions
from the beginning to March 31, 2004 : |
7 |
Number of judicial
decisions
from April 1, 2003 to March 31, 2004 |
4 |
B.C. Fund Counsel has incurred fees of $124,930 and
disbursements of $16,588.47 (including $9,550.90 for
travel/transportation). With taxes, the total amount
of fees and disbursements incurred in B.C. is $160,710.61.
Appeals that are pending generally fall into one of
the following categories:
- Appeals that have been requested but not yet
commenced. Some Arbitrators and Referees
schedule a pre-appeal conference call
before a date for the appeal is set.
This can result in the delay in scheduling
a date for the appeal. Often, claimants require additional
time to collect evidence before commencing
the appeal. Fund Counsel generally consent to a reasonable
period of delay for the benefit of the claimant.
- Appeals that have been commenced
but not yet concluded. Appeals are
often adjourned to allow the claimant
an opportunity to collect and provide
additional evidence. Fund Counsel generally
consent to these adjournments. The Referee/Arbitrator
usually monitors the adjournment to ensure
that the appeal resumes in a reasonable period of
time.
- Appeals
that have been concluded and the
decision from the Arbitrator or Referee
is pending.
Pursuant to the Court Approved Protocol for Arbitration/References
and subject to the discretion of the Referees
and Arbitrators, Fund Counsel endeavour to conduct the
appeals in the simplest, least expensive and most expeditious
procedure. When practical and reasonable to do so, evidence
from witnesses is introduced in writing or by telephone
to eliminate the expense of having the witness testify
in person. However, in some appeals, it is preferable
to have the witness testify in person and on these occasions
the expense is unavoidable.
- Fund Counsel anticipates that the time required
to handle appeals during this fiscal year will either
remain the same or increase slightly. This will depend
upon the number of appeals which raise complicated medical
and other issues and which might require expert evidence.
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