Public Trustees
This section is of interest to you if you are claiming on
behalf of a HCV Infected Person who is a minor or mentally
incompetent adult. Below, you will find important information
about compensation payments and to whom they are made for
claims involving minors or mentally incompetent adults.
Guardian of the Person
In the case of a minor or mentally incompetent HCV Infected
Person, Section
9.01 of Schedule A and Section
9.01 of Schedule B of the Settlement Agreement provide
that the Personal Representative of the minor or the mentally
incompetent adult can sign all claim forms. In summary,
the Settlement Agreement provides that the Personal Representative
is deemed to have guardianship over the person of the minor
or mentally incompetent HCV Infected Person.
The Personal Representative may also sign the Full and
Final Release of the Approved Class Member who is a minor
or mentally incompetent adult. Signing the Release amounts
to acceptance of the compensation offered under the class
action plans. In Québec, both parents so long as they
are living, of an Approved Class Member who is a minor, must
sign the Release.
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Guardian of the Property
A parent of a minor or the Legal Guardian of a mentally incompetent
adult must have a Court order confirming his or her guardianship
over the HCV Infected Person's property. Without such a Court
order, compensation payments will be paid to the Public Trustee
of the province where the Approved Class Member who is a minor
or mentally incompetent adult resides. Please consult Section
7.06 of Schedule A (Transfused HCV Plan) or Section
7.06 of Schedule B (Hemophiliac HCV Plan).
In the case of a minor HCV Infected Person, payments
will be made to the Public Trustee until the minor reaches
the legal age of majority in the province where he or she
resides. Once the minor reaches the legal age of majority,
compensation payments will be paid directly to him or her.
Parents of a minor can receive payment instead of the Public
Trustee if they produce a copy of a Court order appointing
them as guardians of the child's property. To obtain such
a Court order, parents must apply to the Court.
In the case of a mentally incompetent adult HCV Infected
Person, payments will be made to the Legal Guardian, so
long as his or her appointment includes a clause dealing with
guardianship over the property of the mentally incompetent
adult. In the event that the Legal Guardian does not have
guardianship over the HCV Infected Person's property, payment
will be made to the Public Trustee in the province where Approved
Class Member who is a mentally incompetent adult resides.
However, some exceptions apply, namely in the provinces of
Nova Scotia and Québec. If you are seeking Guardianship of Property in Nova Scotia, all parents must get a Court order to receive funds in excess of $2,000 payable to their HCV Infected Child or mentally incompetent adult.
If you are seeking Guardianship of Property in the province
of Québec, parents do not have to get a Court order,
as the Administrator will issue a cheque payable to both
legal parents for their HCV Infected Child or mentally
incompetent adult. The Administrator then advises the Public
Curator (Curateur public) that a cheque has been issued
and they, in turn, will monitor the disbursement of the money.
Role of the Public Trustee
Provincial laws have been enacted across the country to protect
all minors and mentally incompetent adults. The Public Trustee
acts to promote and uphold the legal rights and safeguard
the financial interests of minors and adults.
Compensation payments will be paid into a trust for the HCV
Infected Person who is a minor or a mentally incompetent adult.
It is the HCV Infected Person's money. The trust account will
be invested and interest will accrue. Parents and Legal Guardians
can be involved in decisions about how the money is managed.
Below are the names of Public Trustee representatives assigned
to receive compensation payments for Approved Class Members
who are minors or mentally incompetent adults.
Hepatitis C Compensation Payments
- Public Trustee Contacts
Alberta
(top) |
Age of majority
is 18 |
- Minors:
Alberta Justice
Office of the Public Trustee
400 South, Brownlee Building
10365 97th Street
Edmonton AB T5J 3Z8
Telephone: (780) 427-2744
Fax: (780) 422-9136
- Estates and Mentally Incompetent Adults:
Alberta Justice
Office of the Public Trustee
400 South, Brownlee Building
10365 97th Street
Edmonton AB T5J 3Z8
Telephone: (780) 427-2744
Fax: (780) 422-9136
|
British Columbia (top) |
Age of majority
is 19 |
- Minors and Mentally Incompetent Adults:
Ms. Laurie Audet, Manager, Guardianship and Trust Services
Public Guardian and Trustee of BC
700-808 West Hastings Street
Vancouver BC V6C 3L3
Telephone: (604) 775-3480
Fax: (604) 775-3479
|
Manitoba
(top) |
Age of majority
is 18 |
- Minors, Estates, and Mentally Incompetent
Adults:
John S. Fergusson, Counsel for the Public Trustee
Public Trustee of Manitoba
Suite 500, 155 Carlton Street
Winnipeg MB R3C 5R9
Telephone: (204) 945-2723
Fax: (204) 945-0410
|
New Brunswick (top) |
Age of majority
is 19 |
- Minors and Mentally Incompetent Adults:
Office of the Public Trustee
PO Box 400
Fredericton NB E3B 4Z9
Telephone: (506) 444-3688
Fax: (506) 444-3500
|
Newfoundland (top) |
Age of majority
is 19 |
- Minors, Estates, and Mentally Incompetent
Adults:
Public Trustee of Newfoundland
c/o John Baird
136 Crosbie Rd. Suite 401
St. John's NL A1B 3K3
Telephone: (709) 729-4504
Fax: (709) 729-3063
|
Nova
Scotia (top) |
Age of majority
is 19 |
- Minors and Estates:
Estelle Thériault Q.C.
Office of the Public Trustee of Nova Scotia
405-5670 Spring Garden Road
PO Box 685
Halifax NS B3J 2T3
Telephone: (902) 424-7760
Fax: (902) 424-0616
If you are seeking Guardianship of Property, all parents must get a Court order to receive funds in excess of $2,000 payable to their HCV Infected Child or mentally incompetent adult.
|
Northwest Territories (top) |
Age of majority
is 19 |
- Minors and Mentally Incompetent Adults:
Larry Pontus
Public Trustee
PO Box 1320
Yellowknife NWT X1A 2L9
Telephone: (867) 873-7464
Fax: (867) 873-0184
|
Nunavut (top) |
Age of majority
is 19 |
- Minors and Mentally Incompetent Adults:
Douglas R. Wallace
Public Trustee
PO Box 1000, Station 560
Iqaluit NU X0A 0H0
Telephone: (867) 975-6340
Fax: (867) 975-6343
|
Ontario
(top) |
Age of majority
is 18 |
- Minors:
Accountant of the Superior Court of Justice
for Ontario
595 Bay Street, Suite 808
Toronto ON M5G 2N3
Telephone: (416) 314-2477
1 800 366-0335
Fax: (416) 314-2481
The province of Ontario has waived all fees relating
to accounts held for minors who receive funds under
the 1986-1990 Hepatitis C Settlement. This is particularly
important for those grandchildren who are receiving
small amounts ($500.00) which would otherwise be
eroded by fees.
Note: Only ONTARIO minors will benefit from this
waiver of fees.
- Mentally Incompetent Adults:
Laurie Redden
Deputy Public Guardian and Trustee
595 Bay Street, Suite 800
Toronto ON M5G 2M6
Telephone: (416) 314-2777
Fax: (416) 326-1366
|
Prince
Edward Island (top)
|
Age of majority
is 18 |
- Mentally Incompetent Adults (Financial Matters):
Les Zielinski
Public Trustee
PO Box 2000
Charlottetown PE C1A 7N8
Telephone: (902) 368-0371 or 4564
- Mentally Incompetent Adults (Personal Care
Decisions):
Betty Newson
Department of Health and Social Services
PO Box 2000
Charlottetown PE C1A 7N8
Telephone: (902) 368-6523
- Minors:
Mark Gallant
Public Trustee of P.E.I.
Office of the Attorney General
95 Rochford St
PO Box 2000
Charlottetown PE C1A 7N8
Telephone: (902) 368-4552
|
Québec (top) |
Age of majority
is 18 |
- Minors:
Mr. Gabriel Toix
Curateur public du Québec
Bureau 500
600, boul. René-Lévesque Ouest
Montréal (Québec) H3B 4W9
Telephone: (514) 864-2357
Toll-free:
1 800 363-9020
Fax: (514) 864-8063
Web: www.curateur.gouv.qc.ca
- Mentally Incompetent Adults:
Mr. François Blais
Curateur public du Québec
Bureau 500
600, boul. René-Lévesque Ouest
Montréal (Québec) H3B 4W9
Telephone: (514) 873-0197
Toll-free: 1 800 363-9020
Fax: (514) 873-0146
Web: www.curateur.gouv.qc.ca
|
Saskatchewan
(top) |
Age of majority
is 18 |
- Minors:
Lisa McKee
Supervisor of Children's Services
Public Guardian and Trustee of Saskatchewan
100-1871 Smith Street
Regina SK S4P 4W4
Telephone: (306) 787-5424
Fax: (306) 787-5065
E-mail: lmckee@justice.gov.sk.ca
- Mentally Incompetent Adults:
Mr. Jim Tewksbury
Public Guardian and Trustee of Saskatchewan
100-1871 Smith Street
Regina SK S4P 4W4
Telephone: (306) 787-5424
Fax: (306) 787-5065
E-mail: jtewksbury@justice.gov.sk.ca
|
Yukon
(top) |
Age of majority
is 19 |
- Minors, Estates, and Mentally Incompetent
Adults:
Judy Suley
Public Administrator/Official Guardian
PO Box 2703
Whitehorse YT Y1A 2C6
Tel: (867) 667-5366
Fax: (867) 393-6246
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