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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.

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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.

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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
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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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