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Hepatitis C - Class Actions Settlement
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Loss of Income / Loss of Support / Loss of Services
Periodic Re-Assessment by the Courts
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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