British Columbia Court Reasons for Judgement
– July 12, 2002
Citation: Endean v. Canadian Red Cross Society et
al
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Date: 20020712 |
| 2002 BCSC 1028 |
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Docket: C965349 |
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Registry: Vancouver |
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
ANITA ENDEAN, AS REPRESENTATIVE PLAINTIFF
PLAINTIFF
AND:
THE CANADIAN RED CROSS SOCIETY
HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE OF BRITISH COLUMBIA
AND THE ATTORNEY GENERAL OF CANADA
DEFENDANTS
AND:
PRINCE GEORGE REGIONAL HOSPITAL,
DR. WILLIAM GALLIFORD, DR. ROBERT HART DYKES,
DR. PETER HOUGHTON, DR. JOHN DOE,
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AND HER MAJESTY THE QUEEN IN RIGHT
OF THE PROVINCE OF BRITISH COLUMBIA
THIRD PARTIES
PROCEEDING UNDER THE CLASS PROCEEDINGS ACT,
R.S.B.C. 1996, C. 50
REASONS FOR JUDGMENT OF THE
HONOURABLE MR. JUSTICE PITFIELD
| Counsel for the British Columbia Joint Committee |
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J.J. Camp, Q.C.
S.D. Matthews
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Counsel for the Fund:
Counsel for the Federal Crown:
Counsel for the Provincial Crown:
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W.A. Ferguson
W. Divoky
C. Prowse |
| Date and Place of Hearing: |
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June 27, 2002 |
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Vancouver, B.C. |
- The British Columbia Member of the Joint Committee responsible
for the administration of the 1986 - 1990 Hepatitis C Settlement
Agreement applies for an order amending the Transfused HCV
Plan and the Hemophiliac HCV Plan to permit the payment
of $5,000 and interest withheld from qualified recipients
pursuant to s. 4.01(1)(b) of each Plan and to remove the
holdback requirement in relation to future claimants. Similar
applications have been made by the Joint Committee Member
in the Ontario and Quebec class actions.
- I have reviewed the reasons of Winkler J. in Parsons et
al v. The Canadian Red Cross Society et al released July
11, 2002, No. 98-CV-141369CP (S.C.J.) allowing the application
by the Joint Committee Member in the Ontario action.
- I agree with the reasons and the result. The application
of the Joint Committee in the British Columbia action is
granted, the amounts withheld shall be paid together with
interest, and the Transfused and Hemophiliac Plans are amended
to delete the holdback requirement stipulated in s. 4.01(1)(b)
of each Plan.
“The Honourable Mr. Justice Pitfield”
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