Appeals : Appealing a Decision
Appealing a Decision
If your Claim is rejected OR if it is accepted
but you disagree with some part of the Administrator's
decision, you may appeal the Administrator's decision by completing
the Request for Review
(PDF Format) form.
You must complete and return the Request for Review Form to
the Administrator within 30 days after receipt
of the Administrator's letter of decision.
You may have the Administrator's decision reviewed by either
an Arbitrator OR a Referee. However, please
note the following:
- If you elect to go to Arbitration, the Arbitrator's decision
- If you elect to go to a Referee, the Court
responsible for the Class Proceedings may review
the decision of the Referee but only if the disputed
amount is more than $10,000.
More about the Procedure
When a request for review is filed, the Administrator will
provide a copy of the Claim to the claimant, Fund
Counsel (a lawyer appointed by the Courts to defend
decisions made by the Administrator) and the Arbitrator/Referee
appointed to hear appeals in the province where the claimant
resides or is deemed to reside. The Claim will include copies
- The Request for Review form;
- All documentation that the claimant submitted along with
all other evidence about the Claim in the possession of
(Important Note: Please ALWAYS affix a
yellow appeal sticker to the cover page of any package of
documents/letters relevant to your appeal before sending
to the Claims Centre. We enclose several stickers
in case you have to mail more than one package/letter.)
- A copy of the Administrator's decision;
- Other information or material as the Arbitrator/Referee
Claimants may act in person or through a representative.
The representative must notify the Administrator and Arbitrator/Referee
in writing providing the written consent of the claimant.
Upon receipt of a copy of the Claim, the claimant has 15
days to provide any additional written submissions/information
to the Arbitrator/Referee and the Administrator.
Fund Counsel has 15 days after receipt of the claimant's
submissions, to provide submissions.
If an in-person hearing is required by the claimant
or Fund Counsel because oral evidence (testimony) is intended
OR if an in-person hearing is directed by the Arbitrator/Referee
in accordance with the Rules
for Arbitration/Reference, the Arbitrator/Referee
shall notify the claimant, Fund Counsel and the Administrator
of the time and location of the hearing and provide such instructions
as are necessary for the hearing of the Arbitration/Reference
and the calling of evidence, if required.
Upon receipt of the claimant's Claim and all supplementary
submissions or after any in-person hearing, the Arbitrator/Referee
shall communicate his/her decision in writing within 30
days. All decisions are posted
on this Web site and can be viewed by following this link.
The Arbitrator/Referee's decision will not identify the claimant
by name or location.
If you elected to appeal to a Referee and your appeal was
dismissed, the Referee's decision will be automatically confirmed,
final and binding unless you decide to oppose the confirmation.
Schedule A (Transfused HCV Plan) - Appendix C, See
Schedule B (Hemophiliac HCV Plan) - Appendix C)
To oppose confirmation the following steps will be needed:
- You must complete the Notice of Motion Form, which Fund
Counsel will mail to you when appropriate.
- Return the completed Notice of Motion Form to Fund Counsel
no later than 30 days from the date of your first receipt
of the Notice of Motion Form. You will have no right to
oppose the confirmation after the expiry of 30 days from
first receipt of the Notice of Motion Form sent to you by
- The Notice of Motion Form will be delivered to the Court
having jurisdiction in the Class Action where you are asserting
to be a Class Member. A complete copy of all the documents
provided to the Referee's file will also be delivered to
- Fund Counsel and Class Action Counsel may support or
oppose confirmation of the Referee's decision. You will
receive a copy of any submissions either counsel may make
to the Court.