Periodic Re-Assessment by the Courts
Section 7.03(1) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B) provides that the Joint
Committee must apply to the Courts to determine whether
restrictions on certain payments should be increased or decreased
or removed in whole or in part.
Three restrictions to be considered include
1. The $5,000 holdback that is
applied to the fixed payment payable for disease level 2 found
in section 4.01(1)(b) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B).
2. The 70% limitation found
in sections 4.02 (loss of income) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B) and 6.01 (loss of support) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B).
3. The $75,000 limitation in
sections 4.02 (loss of income) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B) and 6.01 (loss of support) of the Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B).
First Re-Assessment Completed in June 2002
The first of several periodic re-assessments was completed in June 2002. Detailed
expert reports coupled with expert testimony and the Joint
Committee’s recommendation were presented to the three Courts having
jurisdiction over the 1986-1990 Hepatitis C Settlement. After a thorough review
of the material, the Courts decided that the $5,000 holdback
is to be paid to claimants so entitled.
Ontario Court Reasons
for Decision – July 11, 2002
British Columbia Court Reasons
for Judgment – July 12, 2002
Quebec Court Reasons for Judgment
– July 12, 2002 (in French)
See FAQ
Second Re-Assessment Completed in October 2004
The second periodic re-assessment was completed October 19, 2004. Detailed expert reports coupled with expert testimony and the Joint Committee’s recommendation were presented to the three Courts having jurisdiction over the 1986-1990 Hepatitis C Settlement. After a thorough review of the material, the Courts decided to remove the 70% limitation found in sections 4.02 (loss of income) of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B) and 6.01 (loss of support) of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B) and to increase the $75,000 limitation in sections 4.02 (loss of income) of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B) and 6.01 (loss of support) of the Transfused Plan (Schedule A) and Hemophiliac Plan (Schedule B) to $300,000.
British Columbia Court Decision
- July 2, 2004
Quebec Court Decision - July 7, 2004 (in French)
Ontario Court Decision -October 19, 2004
See FAQ
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