98-cv -141369 ontario superior court of justice ... approved protocols...court file # 98-cv -141369...

Court file # 98-CV -141369

BETWEEN:

ONTARIO SUPERIOR COURT OF JUSTICE

DIANNA LOUISE PARSONS, MICHAEL HERBERT CRUICKSHANKS, DAVID TULL, MARTIN HENRY GRIFFEN, ANNA KARDISH, ELSIE KOTYK, Executrix of the Estate of Harry Kotyk, deceased

and ELSIE KOTYK, personally

and

THE CANADIAN RED CROSS SOCIETY, HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

and THE ATTORNEY GENERAL OF CANADA

and

Plaintiffs

Defendants

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ALBERTA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF SASKA TCHEW AN,

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF MANITOBA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NEW BRUNSWICK,

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOVA SCOTIA

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NEWFOUNDLAND, THE GOVERNMENT OF THE NORTHWEST TERRITORIES,

THE GOVERNMENT OF NUNA VUT AND THE GOVERNMENT OF THE YUKON TERRITORY

Intervenors

Proceeding under the Class Proceedings Act, 1991

Court File No. 98-CV-146405

BETWEEN:

JAMES KREPPNER, BARRY ISAAC, NORMAN LANDRY, as Executor of the Estate of the late SERGE LANDRY, PETER FELSING, DONALD MILLIGAN,

ALLAN GRUHLKE, JIM LOVE and PAULINE FOURNIER as Executrix of the Estate of the late PIERRE FOURNIER

and

THE CANADIAN RED CROSS SOCIETY, THE ATTORNEY GENERAL OF CANADA and

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

Plaintiffs

Defendants

- 2 -

and

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ALBERTA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF SASKATCHEWAN,




THE GOVERNMENT OF NUNAVUT AND THE GOVERNMENT OF

August 13,2012

10022731

THE YUKON TERRITORY


MOVING PARTIES' MOTION RECORD

SUTTS, STROSBERG LLP Barristers and Solicitors 600 Westcourt Place 251 Goyeau Street Windsor, ON N9A 6V4

HARVEY T. STROSBERG LSUC # 124600 Tel: 519.561.6216 Fax: 519.561.6203

Intervenors

PODREBARAC BARRISTERS PROFESSIONAL CORPORATION Suite 701, 151 Bloor Street West Toronto, ON M5S IS4

KATHRYNPODREBARAC Tel: 416.348.7502 Fax: 416.348.7505

Lawyers representing the Joint Committee in Ontario

TO: RUETER SCARGALL BENNETT LLP Lawyers 155 University Avenue West Suite 600 Toronto ON M5H 3B7

RANDY BENNETT Tel: 416.869.3538 Fax: 416.869.3411

Monitor for the court in this action

AND TO: MINISTRY OF ATTORNEY GENERAL FOR ONTARIO Crown Law Office--Civil Law 8th Floor, 720 Bay Street Toronto, ON M5G 2Kl

MICHELE SMITH Tel: 416.326.4177 Fax: 416.326.4181

Counsel for the Province of Ontario

AND TO: GOWLING LAFLEUR HENDERSON LLP Lawyers 1 First Canadian Place 100 King Street West Suite 1600 Toronto, ON MSX 1 GS

JOHN E. CALLAGHAN BELINDA BAIN Tel: 416.369.6174 Fax: 416.862.7661

Fund Counsel for Ontario

[0022731

- 3 -

AND TO: DEPARTMENT OF JUSTICE Ontario Regional Office Senior Counsel - Regulatory Law Section 130 King St. West, Suite 3400, Box 36 Toronto, ON M5X lK6

JOHN C. SPENCER WILLIAM KNIGHTS Tel: 416.973.3310 Fax: 416.973.5004

Counsel for the Attorney General of Canada

AND TO: McCARTHY TETRAULT LLP Lawyers 44th Floor, Toronto Dominion Tower 66 Wellington Street West Toronto, ON M5K 1 E6

CAROLINE ZA YID Tel: 416.601.7768 Fax: 416.868.0673

Counsel for the Intervenors

- 4 -

INDEX

TAB

Notice of motion dated August 13,2012

2 Affidavit of Heather Rumble Peterson sworn, August 7, 2012

Exhibit A - Order of Justice Winkler dated October 22, 1999

Exhibit B - Order of Chief Justice Winkler dated April 15, 2010

Exhibit C Summary of Activity from the 86/90 Final First Claim Deadline

Exhibit D - Report from The Bruneau Group

Exhibit E - Order of Chief Justice Winkler dated June 11,2012

Exhibit F Court Approved Protocol

Exhibit G Completed surveys

3 Affidavit of Richard Border sworn, August 8, 2012

10022731

Exhibit A - Summary of impact of late claims and excess HCV death causation

Exhibit B Correspondence with Joint Committee

Court file # 98-CV -141369

BETWEEN:




and


and THE A TrORNEY GENERAL OF CANADA

and

Plaintiffs

Defendants



HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOV A SCOTIA


THE GOVERNMENT OF NUNAVUT AND THE GOVERNMENT OF THE YUKON TERRITORY

Intervenors



BETWEEN:

JAMES KREPPNER, BARRY ISAAC, NORMAN LANDRY, as Executor of the Estate of the late SERGE LANDRY, PETER FELSING, DONALD MILLIGAN,


and



Plaintiffs

Defendants

2

and





THE GOVERNMENT OF NUNA VUT AND THE GOVERNMENT OF THE YUKON TERRITORY

Intervenors Proceeding under the Class Proceedillgs Act, 1992

MOVING PARTY'S NOTICE OF MOTION

Class Action Counsel will make a motion before Chief Justice Winkler in

Edmonton, Alberta on Tuesday, September 18, 2012 or at such other time and place as the

court shall hereinafter direct.

PROPOSED METHOD OF HEARING:

The motion is to be heard orally.

THE MOTION IS FOR an order:

1. that the proposed protocol "Late Claim Requests following the June 30, 2010

First Claim Deadline" at Appendix "A" be approved;

2. that the provisions of this order not be effective until similar orders are made by

the Supreme Court of British Columbia and the Superior Court of Quebec; and

3

3. for such further and other relief as counsel may request and this Honourable

Court may direct.

THE GROUNDS FOR THE MOnON ARE:

I. article 10 of the Settlement Agreement provides for the ongoing supervisory role

of the Courts in administration of the Settlement Agreement including approval

of protocols;

2. section 9.02(b) of the Settlement Agreement provides for the establishment of

protocols for the administration of the Settlement Agreement;

3. section 3.08 of the Transfused HCV Plan and section 3.07 ofthe Hemophiliac

HCV Plan (collectively the "Plans") provide a "First Claim Deadline" of June

30,2010;

4. the First Claim Deadline was not specifically referenced in the notices of

settlement approved by the Courts at the time of the settlement approval;

5. the Courts rejected some elements of a proposed communications campaign in

early 20 10, indicating that in addition to the First Claim Deadline section of the

Plans there was a residual discretion in the courts to permit claimants to make

claims beyond the First Claim Deadline;

4

6. following the communications campaign in the spring of 20 I 0, 497 claims were

registered prior to the First Claim Deadline;

7. the Administrator has registered a further 285 claim requests subsequent to the

First Claim Deadline;

8. the Administrator has surveyed those persons seeking to claim as to the reasons

why their first claim request was made after the First Claim Deadline;

9. as a result of the review of the information provided by these surveys, the Joint

Committee divided the types of claims sought to be made after the First Claim

Deadline into three protocols;

10. in May and June 2012, the Courts approved the "Recent Diagnosis Protocol"

which addresses persons recently diagnosed with HCV and the "Initial Claims

Package Protocol" which addresses persons whose circumstances are such that

they have met alternative deadlines under the Plans or should be deemed to have

met the First Claim Deadline. The claims of 116 persons who have come

forward subsequent to the First Claim Deadline so far are governed by these

court approved protocols;

11. the third proposed protocol, the "Late Claim Requests Protocol", addresses the

potential claims of 169 persons who have come forward subsequent to the First

Claim Deadline so far who are not covered by the two court approved protocols

5

by appointing a Referee to assess their individual circumstances, which include

in some cases not having had notice of the Settlement Agreement and/or the First

Claim Deadline;

12. the persons who would be governed by the Late Claim Requests Protocol are

putative Class Members who, by virtue of the Settlement Approval Orders, have

released their claims;

13. the actuarial assessment of the costs of claims sought to be made under the Late

Claim Requests Protocol is $47.1 million assuming all persons who come

forward are permitted to claim under the protocol and assuming the historical

denial rate of 33%;

14. the actuarial assessment is that, taking into account the liability for the Late

Claim Requests Protocol and all other liabilities, assets exceed liabilities by

$89.765 million;

15. required capital for this level of liabilities is calculated at $155.7 million which

means that there is a less than optimal buffer of assets over liabilities following

implementation of the Late Claim Requests Protocol, but the required capital

concept is only relevant if the Courts are considering or being asked to allocate a

surplus;

6

16. approval of the Late Claim Requests Protocol will not affect the compensation of

"in process" and/or "approved Class Members" nor increase the funds which

were already paid or which will be required to be paid under the settlement by

the FPT Governments;

17. the Joint Committee's deliberations on the Late Claim Requests Protocol did not

result in a unanimous decision to apply to the Courts for approval, so Class

Action Counsel in each jurisdiction have applied for approval pursuant to section

10.01(l)(h) of the Settlement Agreement. The Joint Committee is however in

agreement on the methodology employed in the proposed protocol;

18. section 10.01 (1 )(i) of the Settlement Agreement allows the Courts to assess the

financial sufficiency of the Plans and make orders that will both

increase/decrease the liabilities;

19. the Settlement Approval Orders also provide ongoing jurisdiction to the Courts;

20. class action legislation in each jurisdiction provides courts with broad powers;

21. the inherent supervisory powers and discretion of the courts; and

7

22. such further and other grounds as counsel may advise and this Honourable Court

may permit.

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing

of the motion:

1. the affidavit of Heather Rumble Peterson sworn the 7th day of August, 2012;

2. the affidavit of Richard Border sworn the 8th day of August, 2012; and

3. such other material as counsel may advise and this Honourable Court may

permit.

August 13,2012 SUTTS, STROSBERG LLP Barristers and Solicitors 600 Westcourt Place 251 Goyeau Street Windsor, ON N9A 6V4

HARVEY T. STROSBERG, Q.c. LSUC # 124600 Tel: 519.561.6216 Fax: 519.561.6203

Class Action Counsel

TO: RUETER SCARGALL BENNETT LLP Lawyers 155 University Avenue West Suite 600 Toronto ON M5H 3B7

RANDY BENNETT Tel: 416.869.3538 Fax: 416.869.3411

Monitor for the court in this action

AND TO: MINISTRY OF ATTORNEY GENERAL FOR ONTARIO Crown Law Office-Civil Law 8th Floor, 720 Bay Street Toronto, ON M5G 2K 1

MICHELE SMITH Tel: 416.326.4177 Fax: 416.326.4181

Counsel for the Province of Ontario

AND TO: GOWLJNG LAFLEUR HENDERSON LLP Lawyers 1 First Canadian Place 100 King Street West Suite 1600 Toronto, ON M5X 1G5

JOHN E. CALLAGHAN BELINDA BAIN Tel: 416.369.6174 Fax: 416.862.7661

Fund Counsel for Ontario 10229>3

8

AND TO: DEPARTMENT OF JUSTICE Ontario Regional Office Senior Counsel - Regulatory Law Section 130 King St. West, Suite 3400, Box 36 Toronto, ON M5X 1 K6

JOHN C. SPENCER WILLIAM KNIGHTS Tel: 416.973.3310 Fax: 416.973.5004

Counsel for the Attorney General of Canada

AND TO: MCCARTHY TETRAULT LLP Lawyers 44th Floor, Toronto Dominion Tower 66 Wellington Street West Toronto, ON M5K lE6

CAROLINE ZA YID Tel: 416.601.7768 Fax: 416.868.0673

Counsel for the Intervenors

SCHEDULE A

COURT APPROVED PROTOCOL Late Claim Requests following

the June 30, 2010 First Claim Deadline

August 2012

1. The Court Approved Protocol-Requirements for the Exceptional Filing of

Claims after Applicable Time Limits shall not have any force and effect after

June 30, 2010.

2. In the circumstances where the Administrator receives a request for an Initial

Claim Package after the June 30, 2010 first claim deadline from a person who is

unable to qualify to receive an Initial Claim Package and have his or her Claim

processed under any other Court Approved Protocol or existing order, the request

shall be referred to as a "Late Claim Request."

3. Where a Late Claim Request is sought to be made, the Administrator shall request

a signed statement from the person making the Late Claim Request which:

(a) sets out why the person is seeking to make a claim after the first claim

deadline; and

(b) recites the facts he or she is relying upon in seeking to be relieved from

the deadline.

4. The Administrator shall advise the person making the Late Claim Request in

writing that he or she has sixty (60) days to deliver the signed statement to the

Administrator for consideration by the Referee appointed by the Courts to

{20014-QO I\OOI75833,DOC, l

2

consider Late Claim Requests on a summary basis and that, if he or she fails to do

so, he/she will be required to seek an order from the Court having jurisdiction to

determine if his or her Claim will be permitted to proceed.

5. If the person making the Late Claim Request fails to deliver the signed statement

to the Administrator in sixty (60) days, the Administrator shall notify the person

making the Late Claim Request in writing that he/she must seek an order from the

Court having jurisdiction to determine if the Claim will be permitted to proceed.

6. The Administrator shall forthwith deliver each timely signed statement it receives

to the Referee appointed by the Courts to consider Late Claim Requests together

with the Administrator's information setting out the first contact with the person

making the Late Claim Request and any other information it has relevant to the

request.

7. The Referee appointed by the Courts to consider Late Claim Requests on a

summary basis shall determine whether an Initial Claim Package shall issue based

upon the following guidelines:

(a) Late Claim Requests by persons who did not receive timely notice of the

deadline until after it had passed should be allowed if, in the opinion of the

Referee, the Late Claim Request was made within a reasonable time after

notice was acquired;

3

(b) Late Claims Requests by persons whose failure to meet the deadline was

due to matters that, in the opinion of the Referee, should reasonably be

considered to be beyond their control should be allowed;

(c) Late Claim Requests made by persons who had notice of the deadline

before it expired should be disallowed unless, in the opinion of the

Referee, the timing of the receipt of such notice was inadequate for the

purpose of making a Claim; and

(d) any other Late Claim Requests and those where the Referee is uncertain as

to the appropriate application of the above guidelines should be referred

by the Referee in writing to the appropriate Court to be dealt with

summarily.

8. The Referee shall have the power to establish any procedures he or she considers

necessary and proper to consider the Late Claim Request on a summary basis and

shall have the power to require additional submissions from the person making

the Late Claim Request and/or the Administrator either orally or in writing and

whether admissible in a court of law or not, as he or she considers proper.

9. The Referee shall give a written decision within sixty (60) days ofhislher receipt

of the Late Claim Request which decision will be automatically confirmed and be

final and binding unless the person making the Late Claim Request serves and

files a notice of motion with the Court having jurisdiction opposing confirmation

within thirty (30) days ofthe delivery of the Referee's decision.

4

10. The provisions of section 10.04 and Appendix C of the Plans shall have no

application to the summary procedure established by this Court Approved

Protocol.

11. Where the Referee determines an Initial Claim Package shall issue to a person

making a Late Claim Request, the Administrator shall:

(a) forthwith provide the Initial Claim Package to the person making the Late

Claim Request;

(b) advise the person making the Late Claim Request that he or she has six (6)

months to deliver the completed Initial Claim Package to the

Administrator; and

(c) advise the person making the Late Claim Request that if he or she fails to

meet the six (6) month delivery deadline he or she will be required to seek

an order from the Court having jurisdiction to determine whether the

Claim will be permitted to proceed.

12. If the person making the Late Claim Request fails to deliver the completed Initial

Claim Package to the Administrator in six (6) months, the Administrator shall

notifY the person making the Late Claim Request in writing that he/she must seek

an order from the Court having jurisdiction to determine if the Claim will be

permitted to proceed.

5

13. The issuance of an Initial Claim Package pursuant to this Court Approved

Protocol and the order of the Referee shall not be determinative of the eligibility

of the person making the Late Claim Request to receive compensation. The

Administrator shall process the Initial Claim Package and determine eligibility for

compensation by applying the terms of the Settlement Agreement in light of the

Court Approved Protocols and Standard Operating Procedures which are in place

under the Plans at the time of processing.

9&9904

Court fiIe'# 98-CV-141369

BETWEEN:




and




Plaintiffs

Defendants

Court File No. 98-CV -146405

BETWEEN:

JAMES KREPPNER, BARRY ISAAC, NORMAN LANDRY, as Executor of the Estate ofthe late SERGE LANDRY, PETER FELSING, DONALD MILLIGAN,


and




Plaintiffs

Defendants

2

AFFIDAVIT OF HEATHER RUMBLE PETERSON (sworn August 7, 2012)

I, HEATHER RUMBLE PETERSON, lawyer, of the Town of Harrow, in

the County of Essex, MAKE OATH AND SAY:

1. I am a partner in the firm Sutts, Strosberg LLP. I have assisted

Harvey T. Strosberg, Q.C., counsel in action 98-CV-141369 and one of the Ontario

court-appointed members of the Joint Committee, with all aspects of this action and the

implementation and ongoing supervision of the 1986-1990 Hepatitis C Settlement

Agreement ("Settlement Agreement") and as such have knowledge of the facts to which

I now depose. Where I make statements in this affidavit which are not within my

personal knowledge, I have identified the source of that information and belief. All of

the information I am deposing to I do verily believe to be true.

2. On this motion, Class Action Counsel seek court approval of a third

protocol concerning claims sought to be made after June 30, 2010 (the "First Claim

Deadline").

CERTAIN PROVISIONS OF THE SETTLEMENT APPROVAL ORDER

3. The Settlement Agreement was approved by Judgment of the Superior

Court of Justice (Ontario) on October 22,1999. Annexed as exhibit "A" is the

settlement approval order (without the schedules thereto). The Settlement Agreement

3

was also approved by the courts in British Columbia and Quebec (collectively with

Ontario, the "Courts") in 1999.

4. The Ontario settlement approval order provides ongoing jurisdiction to

the Courts, as follows:

27. THIS COURT ORDERS AND DECLARES that, putsuant to subsection 26(7) of the Act and Section 10.01 ofthe Agreement, Mr. Justice Winkler shall supervise the execution of this judgment and the distribution, pursuant to the Plans and that, without limiting the generality ofthe foregoing, this Court may issue judgments or orders, in such form as are necessary, to implement and enfoce the provisions of the Agreement, the Plans, the Funding Agreement and this judgment and may retain any advisor this Court in its discretion considers necessary and the costs of so doing shall be an expense of the Trust Fund.

46. THIS COURT DECLARES that by further order it shall: (c) make all other necessary and ancillary orders for the

implementation of the Agreement, the Funding Agreement and this judgment and the ongoing supervision thereof.

CERTAIN PROVISIONS OFTHE SETTLEMENT AGREEMENT

5. The Settlement Agreement also provides for the ongoing supervision of

the settlement by the Courts at Article 10. The relevant portion of section lO.OI of the

Settlement Agreement is as follows:

(I) The Courts will issue judgments or orders in such form as is necessary to implement and enforce the provisions of this Agreement and will supervise the ongoing performance ofthis Agreement including the Plans and the Funding Agreement. Without limiting the generality of the foregoing, the Courts will:

(h) approve, rescind or amend the protocols submitted by the Joint Committee or any Class Action Counsel;

(i) on application of any Party or the Joint Committee made within 180 days after 0) 31 December 2001 and (ii) each third anniversary of such date, and on application ofthe Joint Committee or any Class Action

6.

4

Counselor the Fund Counsel made at any time, assess the financial sufficiency fthe Trust Fund and determine, among other things, (A) whether the restrictions on payments of amounts in full in the Plans should be varied or removed in whole or in part, and (B) whether the terms of the Plans should be amended due to a financial insufficiency or anticipated financial insufficiency ofthe Trust Fund:

(I) on application of the Administrator, Fund Counsel, the Auditors, any Class Action Counsel, the Joint Committee orthe Trustee, provide advice and direction;

(2) All matters to be determined by the Courts pursuant to Section 10.0 I (1) will take effect only upon the date when the last judgment or order of the Courts becomes fmal without any material differences in the three judgments or orders.

Mr. Strosberg, J.J. Camp, Q.c. and Michel Savonitto are Class Action

Counsel as defined in the Settlement Agreement.

7. The Settlement Agreement provides for the appointment of a Joint

Committee to assist the Courts with the set up and oversight of the administration of the

Settlement Agreement in Article 9. The Joint Committee is currently comprised of

Mr. Strosberg (appointed by order of this court), Mr. Camp (appointed by order of the

British Columbia Court), Mr. Savonitto (appointed by order of the Quebec Court) and

Kathryn Podrebarac (appointed by orders of the Courts).

8. The relevant portion of the mandate of the Joint Committee in section

9.02 of the Settlement Agreement is as follows:

Without limiting the generality of the foregoing, duties and responsibilities of the Joint Committee will include:

(b) establishing protocols, which must be approved by the Courts, for the Administrator, Trustee, Referees and Arbitrators for the administration of this Agreement and for the processing and

5

payment of Claims, and rescinding or amending any of such protocols with the approval of the Courts;

(c) receiving and assessing information received from the Administrator, the Trustee, the Auditors and Fund Counsel and applying to the Courts for advice and direction; and

(d) retaining actuaries to determine the financial sufficiency of the Trust Fund from time to time;

(f) making applications to the Courts pursuant to Section 10.01(1).

Decisions of the Joint Committee will require the approval of all members of the Joint Committee.

CERTAIN PROVISIONS OF THE PLANS

9. The Settlement Agreement includes the Transfused HCV Plan and the

Hemophiliac HCV Plan (collectively the "Plans").

10. The Plans provide for the First Claim Deadline of June 30, 2010 and

certain exceptions thereto.

11. Section 3.08 of the Tansfused HCV Plan and section 3.07 of the

Hemophiliac HCV Plan read as follows:

Except as otherwise expressly provided in this Agreement, no person may make a Claim for the first time under this Plan after 30 June 2010 unless:

(a) the Claim is made within one year of the person attaining his or her age of majority; or

(b) the Claim is made within the three year period following the date upon which the person first learned of his or her infection with HCV and the Court havingjurisdiction over the person grants leave to the person to apply for compensation.

6

NOTICE CAMPAIGNS

12. The First Claim Deadline was not specifically referenced in the formal

notices of settlement approved by the Courts at the time of the settlement of this matter

in 1999.

13. Press packages were created at the time of the approval of the settlement,

which included press releases about the approved settlement, frequently asked questions,

and procedures for making claims. One such package included a fact sheet which

advised of the First Claim Deadline, subject to certain exceptions. The fact sheet was

distributed to the media but was not distributed to the public generally. To the collective

knowledge of the Joint Committee, the fact sheet is the only document created at the

time of settlement which specifically advised of the First Claim Deadline.

14. The Settlement Agreement has been available on the dedicated

administration website (www.hepc8690.ca) since it was approved and the administration

commenced. However, the administration website did not specifically reference the

First Claim Deadline on the Home page until September 2009.

15. In early 2010, the Joint Committee filed motion material seeking

approval for a budget to conduct a comprehensive communications campaign the aims

of which were to:

16.

7

(a) make persons who know they are infected with HCY and whose infection may have been caused by a transfusion or infusion aware of the Settlement Agreement and the First Claim Deadline; and

(b) encourage persons who were transfused or infused during the Class Period to be tested for HCY and to make them aware of the Settlement Agreement and the First Claim Deadline.

The costs of the proposed communications campaign were between $1

million and $1.25 million depending on the elements which were to be included. The

proposals included elements to be undertaken by the Administrator and elements to be

undertaken by The Bruneau Group class action and media consultants.

17. In early 2010, at an informal meeting between Chief Justice Winkler

(Ontario), Justice Pitfield (British Columbia), Justice Tingley (Quebec), the Joint

Committee, some Fund Counsel and counsel for some of the governments, the Courts

expressed the view that a communications campaign of the magnitude proposed by the

Joint Committee was not necessary at that time. The Justices indicated that, in addition

to the First Claim Deadline Section of the Plans, there was a residual discretion in the

Courts to permit claimants to make claims beyond the First Claim Deadline.

Accordingly, the Courts approved only some of the elements of the proposed

communication campaign at a cost not to exceed $200,000. Attached as exhibit "B" is a

copy of the order of Winkler, CJ.O. in this regard. Companion orders were also issued

in British Columbia and Quebec.

8

18. The bilingual First Claim Deadline communications campaign was aimed

at providing notice that individuals who were transfused or received blood between

January 1, 1986 and July 1, 1990 and are or were infected with HCV needed to

commence a claim by the later of June 30, 2010, or three years from when they became

aware of their HCV infection.

19. The communications campaign which was carried out in part by the

Administrator and in part by The Bruneau Group included:

(a)

(b)

(c)

(d)

20.

mailing 8,189 notices to persons who had registered or claimed within the 11 years of Plan operations;

mailing of a notice and "waiting room" poster to 29,959 doctors; 11,368 nurse practitioners; 1,639 laboratories; and, 102 patient groups and/or associations;

re-engineering of the administration website in order the communicate the tirst claim deadline and provide additional information to potential claimants; and

re-introduction of a live bilingual toll-free help desk for assistance of potential claimants.

Attached as exhibit "c" is a report from the Administrator pertaining to

the work they carried out in respect of the communications campaign. Attached as

exhibit "D" is a report from the The Bruneau Group pertaining to the work they carried

out in respect of the communications campaign.

21. In total, 497 new claims were received by the Administrator on or before

June 30, 201 O.

9

CLAIMANTS COMING FORWARD AFTER THE FIRST CLAIM DEADLINE

22. As of July 1, 2010, the Administrator ceased issuing initial claims

packages to first time claimants with the exception of those persons who reached the age

of majority one year or less before contacting the Administrator.

23. Claimants have continued to contact the Administrator seeking to make

claims after the First Claim Deadline up to the present time.

24. The Joint Committee assisted the Administrator in preparing a form to

survey the claimants as to the reasons why the first claim request was made after the

First Claim Deadine. The survey form is completed by the Administrator during a

telephone interview with the claimant, the survey form is then sent to the claimant for

review, confirmation and/or correction of the information provided and return to the

Administrator.

25. The surveys were reviewed and grouped by the reason given for

contacting the Administrator after the First Claim Deadline as follows:

(a) claimants who learned of the HCV infection with three years of contact with the Administrator;

(b) claimants who tried to make contact with the Administrator before June 30, 2010 but were unsuccessful or made the contact but did not complete the application by June 30, 2010;

( c) claimants who did not know of the June 30, 2010 First Claim Deadline prior to June 30, 2010;

26.

10

(d) claimants who learned of the First Claim Deadline within 3 months in advance of June 30, 2010 but did not accomplish making the application before June 30, 2010;

( e) claimants who thought their claims had been filed or commenced already;

(f) claimants who were delayed in making application by health andlor age issues;

(g)

(h)

(i)

claimants who had applied under the Pre-86 I Post 1990 Settlement Agreement and, because of the provisions of the protocol applicable under that plan, were required to apply to these Plans;

claimants who are family members related to an estate claim which was either approved, in process or a late claim itself. These claimants hadn't known about the potential to make a claim as a family member earlier;

more information is needed in relation to some claimants because the surveys do not identifY a cogent reason or reason(s) for coming forward after the First Claim Deadline

I am advised by Kevin O'Connell of Crawford Class Action Services that

as of July 31, 2012, 285 claims have been registered in total since the First Claim

Deadline. This represents a claims rate for transfused infected persons of 5.6 persons

per month over the last twelve month period.

APPROVAL OF TWO PROTOCOLS FOR RELIEF FROM THE FIRST CLAIM DEADLINE

27. A protocol to address all types of claims which were anticipated to come

forward following the First Claim Deadline was initially prepared by the Joint

Committee and circulated to the governments.

28. Subsequently, the Joint Committee addressed certain concerns that were

raised by the federal government by preparing two separate protocols which addressed

11

some but not all of the types of claims which have come forward following the First

Claim Deadline.

29. In May and June of 20 12, the Courts approved the following two

protocols without opposition from the governments but with a reservation of rights to

oppose any further requests for relief from the First Claim Deadline:

(a) Recent HCV Diagnosis Exception to the June 30, 2010 First Claim Deadline ("Recent Diagnosis CAP"); and

(b) Issuance of Claims Packages after the June 30, 2010 First Claim Deadline ("Initial Claims Package CAP").

Annexed as exhibit "E" is the order of Chief Justice Winkler dated June 11,2012.

30. The Recent Diagnosis CAP provides for claims packages to be issued

after the First Claim Deadline to claimants who have furnished evidence that they were

first diagnosed within three years of contacting the Administrator.

31. Mr. O'Connell has advised that 73 transfused and 4 hemophiliac infected

persons (including estates) have contacted the Administrator to claim under the Recent

Diagnosis CAP up to July 31, 2012.

32. The Initial Claims Package CAP permits the Administrator to issue

claims packages to certain claimants after the First Claim Deadline where their claims

are essentially governed by other provisions in the Plans.

12


persons (including estates) and 21 family members have contacted the Administrator to

claim under the Initial Claims Package CAP up to July 31, 2012.

REQUEST FOR APPROVAL OF A THIRD PROTOCOL FOR RELIEF FROM THE FIRST CLAIM DEADLINE

34. The Joint Committee contemplated providing the Courts with a third

protocol to deal with all other types of claims sought to be made following the First

Claim Deadline, but was unable to achieve the unanimous agreement required by section

9.02(2) of the Settlement Agreement to make such application.

35. Accordingly, this application for approval of a third protocol is brought

by Class Action Counsel pursuant to section 10.01 of the Settlement Agreement.

36. Annexed as exhibit "F" is the protocol entitled "Late Claim Requests

following the June 30, 2010 First Claim Deadline" ("Late Claim Requests Protocol"). A

copy of this proposed protocol has been provided to the governments.

37. While the Joint Committee is not unanimous on whether approval should

be sought for a third protocol addressing all other types of claims after the First Claim

Deadline, all members of the Joint Committee are in agreement with the methodology

employed in the proposed protocol should the Courts be inclined to make approval

orders.

13

38. The Late Claim Requests Protocol addresses those claims which do not

fall into the other CAPS by having them reviewed by a Referee appointed by the Courts

to consider Late Claim Requests rather than the Administrator. The Referee would use

the following guidelines to determine whether to direct the Administrator to issue a

claims package:

(a)

(b)

(c)

(d)

39.

whether the claimant knew of the First Claim Deadline and, ifnot, whether he or she contacted the Administrator in a timely way once learning of it;

if the claimant did know of the First Claim Deadline, whether there were circumstances outside the control of the claimant resulting in the failure to meet the deadline;

if the claimant did know of the First Claim Deadline, whether the timing of receipt of such notice was inadequate for the purpose of making a claim; and

refer any cases which the Referee is uncertain about to the Court having jurisdiction.

Annexed as exhibit "G" are copies of some of the completed surveys

(redacted to protect identity) from persons who seek to make the types of claims

included under the Late Claim Requests ProtocoL


persons (including estates) and 65 family members who would potentially be able to

claim under the Late Claim Requests Protocol have contacted the Administrator to

July 31, 2012.

14

CALCULATION OF LIABILITIES FOR CLAIMS AFTER THE FIRST CLAIM DEADLINE

41. In its July 2011 report on fund sufficiency, Eckler Ltd. calculated a

liability for claims after the First Claim Deadline based on assumptions derived from the

first few months of experience. The Joint Committee asked Eckler Ltd. to recalculate

the liabilities to the Plans for transfused claimants under the three protocols based on the

updated information that is now available concerning the additional number of claimants

that have come forward after the First Claim Deadline and the revised assumptions

provided by the Joint Committee as to the number of persons anticipated to come

forward in the future.

42. Based on the more than 10 years of claims experience to date, we know

that not all of the claimants who are issued claims packages will be eligible for

compensation. The Joint Committee instructed Eckler Ltd. to employ the historical

denial rate of 33% to transfused claimants in its 2010 sufficiency analysis and in the

recalculation of liabilities it was asked to perform.

43. The Joint Committee also asked Eckler Ltd. to perform a sensitivity

analysis to take into account other reasons claims packages will not be issued and/or

claims approved. For example, 20 of the claimants under the proposed Recent

Diagnosis CAP have not responded to the Administrator's request for additional

information despite considerable time having passed and they may never do so and 2

more appear to be ineligible on the basis of information provided to date. Eckler Ltd.

was asked to apply a 43% denial rate as a sensitivity analysis.

15

44. Richard Border, a principal at Eckler Ltd., outlines these assumptions and

provides the calculations done in response to the Joint Committee's requests in an

affidavit to be filed in support of this motion.

IMPACT ON THE FUND SUFFICIENCY ANALYSIS

45. Eckler Ltd. was also asked to opine on the impact the Late Claim

Requests Protocol on its analysis of fund sufficiency. Mr. Border's affidavit also

addresses this issue.

SWORN BEFORE ME at the City of ) Windsor, in the County of Essex, this 7th )

day of August, 2012 ) ) )

~~~~~~UC~ ________ )

THE ATTACHED IS EXHIBIT "A" TO THE AFFIDAVIT

OF HEATHER RUMBLE PETERSON SWORN BEFORE

ME THIS 1h DAY OF AUGUST. 2012

el L rraine Woltz. a Cnrnrnis~inner. etc .• Margar 0 <'I 01\ I I r County of Essex. lor SoW;. ,l rn .. rro . Barristers and Sc:lcitors. ExPires December 18. 2014.

THE

Court file II 9S-CV ·141369

.au ...... ,_ ... , COURT OF JUSTICE

) ) )

FRIDA Y, TIlE 22ND DAY

OF OCTOBER, 1999

"'h~ ... nt'u::.L.HERBERT CRUICK.SHANKS, GRIFFEN, ANNA KARDISH,

Estate olHany Kotyk, deceased ~~:J!t.sIEKOTYK. personally

and nm CANADIAN RED CROSS SOCIETY,

HER MAJESTY nm QUEEN IN RIGIn' OF ONTARIO and nIEATTORNEY GENERAL OF CANADA

and

Plaintiffs

Defendants

HER MAJESTY nm QUEEN IN nIE RIGIn' OF nIE PROVINCE OF ALBERTA, HER MAJESTYnIE QUEEN IN nm RIGIn' OF TIlE PROVINCE OF SASKATCHEWAN,

HER MAJESTY nm QUEEN IN nIERIGIn' OF nm PROVINCE OF MANITOBA, HER MAJESTY THE QUEEN IN THE RIGlIT OF THE PROVINCE OF NEW BRUNSWICK,

HER MAJESTY THE QUEEN IN nm RlGlIT OF mE PROVINCE OF PRINCE EDWARD ISLAND,

HER MAJESTY TIlE QUEEN IN TIlE RlGlIT OF THE PROVINCE OF NOVA SCOTIA, HER MAJESTY nm QUEEN IN THE RlGlIT OF THE PROVINCE OF NEWFOUNDLAND.

THE GOVBRNMENTOF THE NORnIWEST TERRITORIES, TIlE GOVERNMENT OF NUNA VUT AND nm GOVERNMENT OF

THE YUKON TERRITORY

~g ullderthe CIius Procu4ings.4C4 1992 Intervenors

Court File No. 98-CV-J4640S BETWEEN:

JAMES KREPPNER, BARRY ISAAC, NORMAN LANDRY, as Executor of the Estate of the late SERGE LANDRY. PETER FELSlNG. DONALD MILLIGAN,

ALLAN GRtJJU..KE, JIM LOVE and PAULINE FOURNIER as Executrix of the Estate olthe late PIERRE FOURNIER

and THE CANADIAN RED CROSS SOCIETY.

TIlE AITORNEY GENERAL OF CANADA and HER MAJESTY THE QUEEN IN RlGIn' OF ONTARIO

and

Plaintiffs

Defendants

HER MAJESTYnm QUEEN IN nm RlGlIT OF THE PROVlNCEOF ALBERTA, HER MAJESTY THE Qt1EEN IN THE RlGHT OF nm PROVINCE OF SASKATCHEWAN,

HER MAJESTY nm QUEEN IN nm RlGHT OF TIlE PROVINCE OF MANITOBA,

- 2 -

HER MAJESTY THE QUEEN IN THE RIGlIT OF THE PROVINCE OF NEW BRUNSWICK, HER MAJESTY THE QUEEN IN THERIOHT OF THE

PROVINCE OF PRINCE EDWARD ISLAND. HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOVA SCOTIA,

HER MAJESTY THE QUEEN IN THE RIGHT OF TIlE PROVlNCEOF NEWFOUNDLAND, TIlE OOVERNMENT OF THE NOR'I'HWESTTERRITORlES,

TIlE OOVERNMENT OF NUNA vur AND mE GOVERNMENT OF THE YUKON TERRITORY

Intervenors Proeeediag uder tile CItus Proceedbtp Act. 1992

JUDGMENT

nus MOTION, made by the representative plaintiffs, for judgment

pursuant to subsection 29(2) of the Class Proceedings Act, 1992, as amended, (the

.. Actj approving the settlement of the Ontario Class Actions was heard on August 18,

19.20, October 21 and 22, 1999 at Toronto, Ontario.

ON READING the following:

(a) the notice of motion returnable August 18, 1999;

(b) the Agreement;

(c) the affidavits ofR Douglas Elliott, swomJuly 10, 1999. August 16 and

October 12, 1999;

(d) the affidavits of Margaret Woltz, swom July 7, 1999, August 11 and

August 16, 1999;

(e) the affidavit of Sharon D. Matthews, sworn July 9, 1999;

(f) the affidavit of Dr. Frank H. Anderson, sworn July 8,1999, as well as the

cross-examination thereon by written interrogatories and answers thereto;

/ I

- 3 -

(g) the affidavit of Jacob Levi, sworn July 9, 1999 and the transcript of the

August 4, 1999 cross-examination of Jacob Levi and Murray Segal and

the exhibits marked on the cross-examination;

(h) the EcklerPBrtners letter, dated October 13.1999;

0)- the affidavits of Andrew Wister, Robert S. Hogg, Dianna Parsons, James

K.reppner, and David Page, all sworn July 8, 1999;

0) the affidavit of Dr. Irwin Walker, sworn July 9, 1999;

(k) the affidavits of David L. Robins, sworn July 9,1999, August 12 and

October 15, 1999;

(1) the affidavit of Ron Etherington, sworn August 12. 1999;

(m) the affidavit of Tracey Goegan, sworn August 3, 1999;

(n) the affidavit of Dr. Nancy Oliveri, sworn October S, 1999;

(0) the reports of PricewaterhouseCoopers LLP dated August 6, 1999 and

August 16, 1999;

(P) the order of Mr. Justice Winkler dated August 10, 1999;

(q) the written undertakings of Peterson Worldwide LLC and Reed

Consulting, Ltd. carrying on business as Peterson Worldwide LLC of

Canada agreeing to be bound by this judgment;

(r) the written undertaking of Royal Trust Company agreeing to be bound by

this judgment;

(s) the written undertaking ofID Asset Management Inc. agreeing to be

bound by this judgment;

- 4 -

(t) the judgments of Madame Justice Morneau of the Superior Court of

Quebec dated September 21, 1999 and the English translation thereof;

(u) the reasons of Mr. Justice Kenneth Smith of the Supreme Court ofBritisb

Columbia dated October 1, 1999; and

(v) the reasons of Mr. Justice Winkler dated September 22~ 1999,

AND ON HEARING the viva voce evidence of:

(w) Joseph Hache and Joseph Hache, Jr.;

(x) Deborah Last and Charles Beresford;

(y) Bonnie and Paulette Patterson;

(z) David Kerbel;

(aa) HonMingHo;

(bb) Cynthia-Lee Belford;

(cc) lreneOmman

(dd) Mark Rambin; and

(ee) Klaus Schaefer,

AND ON HEARING the submissions of counsel for the following:

(ft) the represent.a.tive plaintiffs;

(gg) Her Majesty the Queen in the Right of Ontario, the Attorney General of

Canada and The Canadian Red Cross Society (the "CRCSj;

(hh) Hubert Fullarton and Tracy Goegan, intervenors in this motion for

judgment, by order of Mr. Justice Winkler made on June 23,1999 (the

i

r

- 5 -

"June 23, 1999 Order'), said counsel, William P. Dermody having

undena.ken to this Com1 on August 10, 1999, that he would put forward

to the Court the substance of the objections made by persons who have

objected to the proposed settlement as reported. in the

PricewaterhouseCoopers LLC reports;

(u) the Hepatitis C Society, the Canadian Hemophilia Society, the

Thalassemia Foundation of Canada, Dominique Honhon and Anita

Endean, who were given leave to appear as friends of the court in this

motion for judgment by the June 23, 1999 Order;

(jj) Her Majesty the Queen in the Right of the Province of Alberta. Her

Majesty the Queen in the Right of the Province of Saskatchewan, Her

Majesty the Queen in the Right of the Province of Manitoba, Her Majesty

the Queen in the Right of the Province of New Brunswick, Her Majesty

the Queen in the Right of the Province of Prince Edward Island, Her

Majesty the Queen in the Right of the Province of Nova Sco~ Her

Majesty the Queen in the Right of the Province of Newfoundland, The

Government of the Northwest Territories, The Government ofNunavut

and The Government of the Yukon Territory;

(kk) the Children's Lawyer; and

(ll) the Public Guardian and Trustee,

AND ON BEING ADVISED:

- 6 -

(mm) that the parties agreed to this settlement on the basis that the PT

Governments have the option to make periodic payments in accordance

with Sections 4.02 and 4.04 of the Funding Agreement, in which event

there will be no PT Govemmentmoney or assets remaining in the Trust that

are actuarially unallocated;

(nn) that Harvey T. Strosberg, Q.C.~ counsel to the Ontario Transfused Class

Actio~ has accepted an appointment to the Joint Committee;

(00) that Bonnie A. Tough, counsel to the Ontario Hemophiliac Class Action.

has accepted an appointment to the Joint Committee; and

(PP) of the consent oftbe Class Action Plaintiffs and the FPT Governments to

the modifications set forth in paragraph 9 of this judgment.

AND WITIiOlIT ANY ADMISSION OF LIABILITY ON THE PART OF TI:IE

FPT GOVERNMENTS.

1. TIllS COURT ORDERS AND DECLARES that since the Ontario Class

Actions have been stayed against the CRCS by the order of Mr. Justice Blair made on July

20. 1998 in action no. 98-CL-002970 (Toronto) (the "Smy"), the Stay having been

subsequently extended by further orders oftbe Court made on August 19. 1998. October 5,

1998, January 18, 1999, May 5, 1999 and July 28, 1999, nothing in this judgment is to have

the effect of prejudicing the CRCS.

- 7 -

2. TInS COURT ORDERS AND DECLARES that for the purposes of this

judgment, the following definitions apply:

(a) Agreement means the 1986-1990 Hepatitis C Settlement Agreement between the Parties made as of June 15, 1999, which is annexed as Schedule 1 to this judgment.

(b) Claimants' Data means all data. records, medical, personal and financial information, files, addresses, claims payment history, and all other information of any nature and kind whether in paper. recorded or electronic form or in any other mediwn including all individual personal identifying and non-personal identifying information and any compilation, selection, co-ordination or arrangement of individual infonnation into an original, derivative or collective work or works capable of being reviewed, perceived, reproduced or otherwise communicated directly or indi.rectly with the aid of a machine or device or capable of being fixed in any tangible mediwn of expression now known or later developed or transmitted or displayed even for a transitory period.

(c) Class Actions means collectively the Transfused Class Actions and the Hemophiliac Class Actions.

(d) Class Members means colIectively the Transfused Class Members and the Hemophiliac Class Members, and Family Class Members means collectively the Transfused Family Class Members and the Hemophiliac Family Class Members.

(e) Court means the Superior Court of Justice for Ontario, and Courts has the meaning set out in Section 1.01 of the Agreement.

(f) Funding Agreement means the Funding Agreement between the Parties made as of June 15, 1999, which is annexed as Schedule 2 to this judgment.

(g) Hemophiliac Class Amoas means collectively the Ontario Hemophiliac Class Action, which means Kreppner et a. v. Canada et aI. Action no. 98-CV -146405 (Toronto). the British Columbia Hemophiliac Class Action which means Mitchell et al. v. Canada et ai. Action no. A981187 (Vancouver) and the Quebec Hemophiliac Class Amon which means Page el al. v. Canada et al. Action no. 500-06-000068-987 (Montreal).

(h) Hemophiliac Class Members means collectively the Ontario Hemophiliac Class Members, the class certified in the British Columbia Hemophiliac Class Action and the class certified in the Quebec Hemophiliac Class Action, and the Hemophiliac Family Class Members means collectively the Ontario Hemophiliac Family Class Members, and for the British Columbia Hemophiliac

- 8 -

Class Action and the Quebec Hemophiliac Class Action, the Family Members as defmed in Section 1.01 of the Hemophiliac HCV Plan.

(i) Investment Consultant means the investment advisor appointed by the Courts and its successors appointed from time to time pursuant to the provisions of Article Ten of the Agreement to consult on the investment and management of the assets of the Trust Fund.

(j) Investment Manager means the investment advisor appointed by the Courts and its successors appointed from time to time pursuant to the provisions of Article Ten of the Agreement to manage the investment of the whole or any portion of the assets of the Trust Fund.

(k) Ontario Class Actions means collectively the Ontario Transfused Class Action and the Ontario Hemophiliac Class Action.

(I) Ontario Class Members means collectively the Ontario Transfused Class Members and the Ontario Hemophiliac Class Members, and Ontario Family Class Members means collectively the Ontario Transfused Family Class Members and the Ontario Hemophiliac Family Class Members.

(m) Ontario Hemophiliac Class Members means the members of the class certified in the Ontario Hemophiliac Class Action as amended by paragraph 7 of this judgment.

(n) Ontario Hemophiliac Family Class Members means the members of the family class certified in the Ontario Hemophiliac Class Action as amended by paragraph 8 of this judgment

(0) Ontario Transfused Class Members means the members of the class certified in the Ontario Transfused Class Action as amended by paragraph 5 of this judgment.

(P) Ontario Tnnsfused Family Class Members means the members of the family class certified in the Ontario Transfused Class Action as amended by paragraph 6 of this judgment

(q) Party means anyone of the FPT Governments or the Class Action Plaintiffs.

(r) Transfused Class Actions means collectively the Ontario Transfused Class Action, which means Parsons et oJ. y. Canada et 01. Action no. 98-CV -141369 (Toronto). the British Columbia Transfused Class Action which means Endean et al v. CanadaetaI. Action no. C965349 (Vancouver) and the Quebec Transfused Oass Action which means Honhon et oJ. v. Canada et al Action no. 500-06-0000 16-900(Montrea1).

- 9 -

(s) Transfused Class Members means collectively the Ontario Transfused Class Members, the class certified in the British Columbia Transfused Class Action and the class certified in the Quebec Transfused Class Action, and Transfused Family Class Members means coUectivelythe Ontario Transfused Family Class Members and for the British Columbia Transfused Class Action and the Quebec Transfused Class Action, the Family Members as defined in Section J .01 of the Transfused HCVPlan.

In this judgment, all other defined terms which are denoted with initial capital letters shall

have the meanings ascribed to them in the Agreement and/or the FWlding Agreement

3. TInS COURT ORDERS AND DECLARES that Her Majesty the Queen

in the Right of the Province of Alberta, Her Majesty the Queen in the Right of the

Province of Saskatchewan. Her Majesty the Queen in the rught of the Province of

Manitoba, Her Majesty the Queen in the rught of the Province of New Brunswick, Her

Majesty the Queen in the rught of the Province of Prince Edward Island, Her Majesty

the Queen in the rught of the Province of Nova Scotia, Her Majesty the Queen in the

rught of the Province of Newfoundland, The Government of the Northwest Territories,

The Government ofNunavut and The Government of the Yukon Territory be and are

hereby granted leave to intervene in this motion as added parties for the limited purpose of

being bound by and they thereby are bound by this judgment, that they receive both the

burden and the benefit of this judgment and that the title of proceedings in this judgment

and in these actions be and are hereby amended accordingly.

4. TIllS COURT ORDERS that this judgment shall be issued, entered and

then filed in the Ontario Transfused Class Action Court file numbered 98-CV-14 1369

and the Ontario Hemophiliac Class Action Court file numbered 98-CV-14640S.

- 10 -

5. TInS COURT ORDERS AND DECLARES that the definition of the

"Class" certified in the Ontario Transfused Class Action by order dated June 23. 1998

and amended by order dated May 11, 1999 be and is hereby further amended to be:

(a) all persons who received Blood (as defined in Section 1.01 of the

Transfused HCV Plan) collected by the CRCS contaminated with HCV

during the Class Period and who are or were infected for the first time

with HCV and who are:

(i) presently or formerly resident in Ontario and received Blood in

Ontario and who are or were infected with post-transfusion HCV; ,

(ii) resident in Ontario and received Blood in any other Province or ttl Territory of Canada other than the Province of Quebec and who

are or were infected with post-transfusion HCV;

(iii) resident elsewhere in Canada and received Blood in Canada, other

than in the Provinces of British Columbia and Quebec, and who

are or were infected with post-transfusion HCV;

(iv) resident outside Canada and received Blood in any Province or

Territory of Canada, other than in the Province of Quebec. and

who are or were infected with post-transfusion HCV; and

(v) resident anywhere and received Blood in Canada and who are or

were infected with post-transfusion HCV and who are not

included as class members in the British Columbia Transfused

Class Action or the Quebec Transfused Class Action;

1, 'II

- ~~ -

(b) all persons, resident anywhere, who received Blood (as defined in Section

1.01 of the Hemophiliac HCV Plan) in Canada during the Class Period,

who have or had Thalassemia Major and who are or were infected with

HCV and who are not included as class members in the British Columbia

Transfused Class Action or the Quebec Transfused Class Action;

(c) the Spouse of a person referred to in subparagraph (a) or (b) who is or

was infected with HCV by such person; and

(d) the child of a person referred to in subpazagraph (a), (b) or (c) who is or

was infected with HCV by such person.

6. TInS COURT ORDERS AND DECLARES that the definition of the

"Family Class" certified in the Ontario Transfused Class Action by order dated May II,

1999 be and is hereby amended to be:

(a) the Spouse, child, grandchild, parent, grandparent or sibling ~f an Ontario

Transfused Class Member;

(b) the Spouse of a child, grandchild, parent or grandparent of an Ontario


(e) a former Spouse ofan Ontario Transfused Class Member;

(d) a child or other lineal descendant of a grandchild of an Ontario


(e) a person of the opposite sex to an Ontario Transfused Class Member who

cohabited for a period of at least one year with that Ontario Transfused

7.

(f)

- 12 -

Class Member immediately before the Ontario Transfused Class

Member's death;

a person of the opposite sex to an Ontario Transfused Class Member who

was cohabiting with that Ontario Transfused Class Member at the date of

the Ontario Transfused Class Member's death and to whom that Ontario

Transfused Class Member was providing support or was under a legal

obligation to provide support on the date of the Ontario Transfused Class

Member's death; and

(g) any other person to whom an Ontario Transfused Class Member was

providing support for a period of at least three years immediately prior to

the Ontario Transfused Class Member's death. rJ

nus COURT ORDERS AND DECLARES that the definition of the

"Class" certified in the Ontario Hemophiliac Class Action by order dated May 11, 1999

be and is bereby amended to be:

(8) all persons who have or bad a congenital clotting factor defect or

deficiency, inclucting 8 defect or deficiency in Factors V. VII, VIII. IX,

Xl, XlI, XIII or von Willebrand factors; and wbo received or took Blood

(as defined in Section 1.01 of the Hemophiliac HCV Plan) during the

Class Period and who are:

(i) presently or fQrmerlya resident in Ontario and received or took

Blood in Ontario and who are or were infected with HCV;

- 13 -

(li) resident in Ontario and received or took Blood in any other Province

or Territory of Canada other than Quebec and who are or were

infected 'With HCV;

(iii) resident elsewhere in Canada and received or took Blood in Canada,

other than in the Provinces of British Columbia and Quebec, and

who are or were infected with HCV;

(iv) resident outside Canada and received or took Blood in any Province

or Territory in Canada, other than in the Province of Quebec, and

who are or were infected with HCV; and

(v) resident anywhere and received or took Blood in Canada, who are

,. or were infected with HCV and who are not included as class

members in the British Columbia Hemophiliac Class Action or the

Quebec Hemophiliac Class Action;

8.

(b) the Spouse of a person referred to in subparagraph(a) who is or was

infected with HCV by such person; and

( c) the child of a person referred to in subparagraph (a) or (b) who is or was

infected with HCV by such person.

THIS COURT ORDERS AND DECLARES that the definition of the

"Family Class" certified in the Ontario Hemophiliac Class Action by order dated May

11, 1999 be and is hereby amended to be:

(a) the Spouse, child, grandchild, parent, grandparent or sibling of an Ontario

Hemophiliac Class Member;

- 14 -

(b) the Spouse of a child, grandchild, parent or grandparent of an Ontario


(c) a fonner Spouse of an Ontario Hemophiliac Class Member;

(d) a child or other lineaJ descendant of a grandchild of an Ontario


(e) a person of the opposite sex to an Ontario Hemophiliac Class Member

who cohabited for a period of at least one year with that Ontario

Hemophiliac Class Member immediately before the Ontario Hemophiliac

Class Member's death;

(f) a person of the opposite sex to an Ontario Hemophiliac Class Member

who was cohabiting with that Ontario Hemophiliac Class Member at the

date of the Ontario Hemophiliac Class Member's death and to whom that

Ontario Hemophiliac Class Member was providing support or was under

a legal obligation to provide support on the date of the Ontario

Hemophiliac Class Member's death; and

(g) any other person to whom an Ontario Hemophiliac Class Member was

providing support for a period of at least three years immediately prior to

the Ontario Hemophiliac Class Member's death.

9. TIllS COURT ORDERS AND ADJUDGES that the Agreement, annexed

hereto as Schedule 1. and the Funding Agreement, annexed hereto as Schedule 2, both

made as of June 15. 1999 are fair, reasonable, adequate, and in the best interests of the

Ontario Class Members and the Ontario Family Class Members in the Ontario Class

- 15 -

Actions and this good faith settlement of the Ontario Class Actions is hereby approved

on the tenns set out in the Agreement and the Funding Agreement, both of which fonn

part of and are incorporated by reference into this judgment, subject to the following

modifications, namely;

(a) those persons who meet the description at subparagraph (b) of the

definition of Ontario Transfused Class Members shall be entitled to meet

the required proof for compensation and to receive benefits under the

Hemophiliac HCV Plan, mutatis mutandis, as if they were Primarily

Infected Hemophiliacs and they are deemed, for the purpose of the

Agreement and the Hemophiliac HCV Plan, to be Primarily-Infected

Hemophiliacs except that the proviso in Section 4.01(5) of the

Hemophiliac HCV Plan shall not apply, and their Spouses or children

who meet the description at ~bparagraph (c) or (d) of the definition of

Ontario Transfused Class Members and their Ontario Transfused Family

Class Members shall also be entitled to meet the required proof for

compensation and to receive benefits under the Hemophiliac HCV Plan

except that the proviso in Section 4.01(5) of the Hemophiliac HCV Plan

shall not apply;

(b) in their unfettered discretion. the Courts may order, from time to time, at

the request of any Party or the Joint Committee, that all or any portion of

the money and other assets that are held by the Trustee pursuant to the

Agreement and are actuarially unallocated be:

(c)

- 16 -

(i) allocated for the benefit of the Class Members and/or the

Family Class Members in the Class Actions;

(ii) allocated in any manner that may reasonably be expected

to benefit Class Members and/or the Family Class

Members even though the allocation does not provide for

monetary relief to individual Class Members and/or

Family Class Members;

(iii) paid. in whole or in part. to the FPT Governments or some

or one of them considering the source of the money and

other assets which comprise the Trust Fund; and/or

(iv) retained. in whole or in part, within the Trust Fund;

in such manner as the Courts in their unfettered discretion determine is

reasonable in all of the circumstances provided that in distribution there

shall be no discrimination based upon where the Class Member received

Blood or based upon where the Class Member resides;

in exercising their unfettered discretion under subparagraph 9(b), the

Courts may considert but are not bound to consider, among other things,

the following:

(i) the number of Class Members and Family Class Members;

(ii) the experience of the Trust Fund;

(iii) the fact that the benefits provided under the Plans do not

reflect the tort model;

(iv) section 26 (10) of the Act;

. I

- 17 -

(v) whether the integrity of the Agreement will be maintained

and the benefits particularized in the Plans ensured;

(vi) whether the progress of the disease is significantly

different than the medical model used in the Eckler

actuarial report found at Volume 3 of the Motion Record,

Tab 5, page 508 and following;

(vii) the fact that the Class Members and Family Class

Members bear the risk of insufficiency of the Trust Fund;

(viii) the fact that the FPT Governments' contributions under

the Agreement are capped;

(ix) the source of the money and other assets which comprise

the Trust Fund; and

(x) any other facts the Courts consider material;

(d) the amount to be paid or payable by the FPT Governments, pursuant to

the Agreement and the Funding Agreement, shall be reduced by

$10.533,000, as of September 30, 1999. being the $10,000,000

representing the estimated present value of the excess costs to the Trust

Fund of resolving any action or actions instituted or prosecuted by all

persons who opt out of a Class Action or are deemed to opt out of a Class

Action and all other persons who claim over or bring a third party claim

or make any claim or demand or take any action or proceeding against

any FPT Government in any way relating to or arising from (i) in the case

of a Transfused Class Member or Transfused Family Class Member

- 18 -

under the Transfused HCV Plan, the infection of a Primarily-Infected

Person with HCV during the Class Period or, (ii) in the case of a

Transfused Class Member, Transfused Family Class Member,

Hemophiliac Class Member or Hemophiliac Family Class Member under

the Hemophiliac HCV Plan. the infection of a Primarily-Infected

Hemophiliac with HCV from Blood (including, in each case, the

infection of a Secondarily-Infected Person) (collectively, the "Opt Out

Plaintiffs,,) and the sum of $533,000. representing the actuarially

calculated present value of one-third of the costs of defending actions

prosecuted by the Opt Out Plaintiffs. For greater certainty, any person

who is a Class Member as presently defined may participate in the Plans ~

created by the Agreement;

(e) no person may opt out a person under a disability from either one of the

Ontario Class Actions without the leave of this Court after notice to the

Public Ouard.ian and Trustee and/or the Children's Lawyer as

appropriate;

(f) upon delivery to the Trustee of a copy of a final judgment (as defined in

Section 1.01 of the Agreement) obtained by an Opt Out Plaintiff against

the FPT Governments or some or one of them or minutes of settlement

entered into by an Opt Out Plaintiff and the FPT Governments or some or

one of them and a copy of a final order of a Court approving the minutes

of settlement, the FPT Governments or their designate shall be paid out of

the Trust Fund:

- 19 -

0) as at the date of said judgment or settlement, an amount equal to

the amount that the Opt Out Plaintiff would have been entitled to

receive from the Trust Fund had he or she qualified under a Plan;

and

(ii) a one-time lump sum amount, to be approved by one of the

Courts, in satisfaction of the amount that the Opt Out Plaintiff

may thereafter have become entitled.to receive from the Trust

Fund from time to time had he or she qualified under a Plan,

calculated in accordance with a protocol to be approved by the

Courts;

provided however that in no circumstances shalJ the amount to be paid

from the Trust Fund to the FPT Governments or some or one of them

exceed the amount of the judgment or settlement paid to the Opt Out

Plaintiff by the FPT Governments or some or one of them plus interest

thereon;

(g) no other amount shall be paid out of the Trust Fund to settle any action

prosecuted by any Opt Out Plaintiff or to pay any judgment in any action

prosecuted by any Opt Out Plaintiff or to indemnify the FPT

Governments or some or one of them from any judgment or settlement of

any action instituted or prosecuted by any Opt Out Plaintiff; and

(h) the provisions of Section 11.02 of the Agreement and Section 6.03 of the

Funding Agreement are inoperative and superceded by the provisions of

subparagraphs 9(d), (e), (f) and (g) of this judgment.

- 20 -

10. TIIIS COURT ORDERS AND DECLARES that the Ontario Transfused

Class Members and the Ontario Transfused Family Class Members who quali fy pursuant to

the provisions of:

11.

(a) the TransfusedHCV Plan shall be paid in accordance with the provisions of

the Transfused HCV Plan;

(b) the Hemophiliac HCV Plan shall be paid in accordance with the provisions

of the Hemophiliac HCV Plan as provided in subparagraph 9(8) of this

judgment

TInS COURT ORDERS AND DECLARES that the Ontario Hemophiliac

Class Members and the Ontario Hemophiliac Family Class Members who qualify pursuant

to the provisions of the Hemophiliac HCV Plan shall be paid in a.ccordancewith the

provisions of the Hemophiliac HCV Plan.

12. nnSCOURTDECLARESthat:

(a) If an Ontario Class Member or Ontario Family Class Member was

receiving any medical. ancillary medical, health or drug benefits from

any of the PT Governments on April 1. 1999, the receipt of payments

pursuant to 8 Plan will not affect the quantity, nature or duration of any

corresponding benefits that any Ontario Class Member or Ontario Family

Class Member receives from any of the PT Governments after April 1,

1999, except to the extent that such benefits are related to the said

- 21 -

Ontario Class Member's infection with HCV in which case they are

recoverable exclusively under Sections 4.06 and 4.07 of a Plan.

(b) The receipt of any payments pursuant to a Plan will not affect the

quantity, nature or duration of any social benefits or social assistance

benefits payable to an Ontario Class Member or Ontario Family Class

Member pursuant to any legislation of any PT Government referred to in

Appendix A to a Plan, provided that the receipt of loss of income or loss

of support payments pursuant to Sections 4.02 and 6.01 of a Plan may

have such an effect.

(c) The receipt of any payments pursuant to a Plan will not affect the

t., quantity. nature or duration of any social benefits or social assistance

benefits payable to an Ontario Class Member or Ontario Family Class

Member pursuant to any social benefit programs of the Federal

Government such as old age security and Canada Pension Plan, because

such payments either are not considered or, if considered. are otheIWise

exempted in the calculation of benefits under such legislation, provided

that the receipt of loss of income or loss of support payments pursuant to

Section 4.02 or 6.01 of a Plan may have such an effect.

13. TIllS COURT DECLARES that, save and except for any payment made

under subparagraph 9(f), no subrogation payment of any natttte or kind shall be paid,

directly or indirectly, under the Plans, and without restricting the generality of this

provision, that:

- 22 -

(a) no FPT Government and no department of an FPT Government providing

employment insurance, health care, hospital, medical and prescription

services, social assistance or welfare will be paid under a Plan;

(b) no mtmicipalityand no departmentofamunicipalitywill be paid Wldera

Plan;

(c) no person exercising a right of subrogation will be paid under a Plan; and

(d) no Ontario Class Member or Ontario Family Class Member will be paid

compensation if the claim is being asserte<:las a subrogated claim or iftbe

Ontario Class Member or Ontario Family Class Member will bold any

money paid under a Plan in trust for any other party exercising a right of

subrogation or, exc:eptas provided in Section8.02ofa Plan, if a payment rJ under a Plan will lead to a reduction in other payments for which 1he

Ontario Class Member or Ontario Family Class Member would otherwise

qualliY.

14. nu~~~;<acHt¥l1:J4

1IIbi.~I~»»~MJAf~~~x

a~UtJ.~~m~~*illi~¥mp~i\V~~

k.k.£d~~:b;P«~~Mdr4.iDtllXd~Iiabiti~H1beX

~dtb&f.faosXlJl~<mlmot5dtc:eD1UUcm~»iJiIiX>U

mtWitk~~~tiSit;itiliUIdtXlU~tiJ.

Amended by Order dated 14ay 10. 2000. (See page 22A)

~ 22A -

14. THIS COURT ORDERS that Crawford Adjusters Canada IncorporatedlExpertises

Crawford Canada Incorporee and Garden City Group Inc. be and are hereby appointed, with joint

and several liability. as the Administrator of the Plans until further order of the Courts on the

tenns and conditions and with powers, rights, and duties and responsibilities set out in

Schedule 3.

- 23 -

15. TIllS COURT ORDERS that Royal Trust Company be and is hereby

appointed as the Trustee of the Trust wtil further order of the Courts on the tenns and

conditions and with the powers, rights, duties and responsibilities set out in Schedule 4

which are approved on an interim basis only.

16. TInS COURT ORDERS that the Investment Manager shall manage the

investment of the whoJe or any portion of the assets of the Trust but only in accordance

with the investment guidelines set out in Schedule 5 annexed hereto which are approved on

an interim basis only.

17. TInS COURT ORDERS that ro Asset ManagementInc. be and is hereby

appointed as the Investment Manager wtil further order of the Courts on the terms and

conditions and with the powers. rights, duties and responsibilities set out in Schedule 6

annexed hereto which. are approved on an interim basis only.

18. TffiS COURT ORDERS AND DECLARES that by further order the

Courts will appoint an Investment Consultant on the terms and conditions and with the

powers, rights. duties and responsibilities set out in Schedule 7 annexed hereto which are

approved on an interim basis only.

19. TIllS COURT DECLARES that the Joint Committee shall be comprised of

four persons: one Class Action CoWlseI to the Ontario Transfused Class Action appointed

by this Court; one Class Action CoWlsel to the British Columbia Transfused Class Action

- 24 -

appointed by the Supreme Court of British Columbia; one Class Action Counsel to the

Quebec Transfused Class Action appointed by the Superior Court of Quebec; and one

Class Action Counsel to the Hemophiliac Class Actions appointed by the Courts.

20. THIS COURT ORDERS that Harvey T. Strosberg, Q.C. be and is hereby

appointed to the Joint Committee as the Class Action Counsel to the Ontario Transfused

Class Action until further order of this Court with the duties and responsibilities set out

in the Agreement.

21. THIS COURT ORDERS that Bonnie A. Tough be and is hereby appointed

to the Joint Committee as the Class Action Co1DlSe1 to the Hemophiliac Class Actions until

further order of the Courts with the duties and responsibilities set out in the Agreement.

22. THIS COURT ORDERS that. as soon as practicable after their

appointments, the Trustee, the InvestmentMaoager, the Investment Consultant and Fund

Co1DlSe1 shall consult each with the other and review the tenus and conditions of their

appointments. the investment guidelines and their interim powers, rights, duties and

responsibilities and shall report to the Courts with their recommendations, if any, as to

amendments to the tenns and conditions of their appointments and their interim powers,

rights, duties and responsibilities.

- 25 -

23. TInS COURT ORDERS AND DECLARES that the Joint Committee shall

report to the Courts on or before June 30, 2000 and at least semi-annually thereafter until

further order of the CotUts.

24. TInS COURT DECLARES that, on September 30, 1999, the

Contribution Amount as defined in the Funding Agreement was SI,187,985,360.

25. TIllS COURT DECLARES that, on the Approval Date. pursuant to Section

4.01(1)and 4.02(I) of the Funding Agreement, the Federal Government shall pay to the

Trustee the amount due and owing as at September 30, 1999, being the sum of

S846,327 ,527, plus interest from and after September 30, 1999 to the date of payment in

accordance with the Funding Agreement plus or minus any adjustment as provided in the

Funding Agreement.

26.

(a)

TInS COURT DECLARES that

If any income taxes under the Income Tax Act, R.S.C. 1985, Chap. 1 (5th

Supp.), as amended, (the "Income Tax Act (Canada)'j or the equivalent

provisions oftbe income tax act of any Province or Territory are paid by the

Trustee in respect of income of the Trust, the FPT Government to which the

taxes were paid will pay an amount equivalent to the amount so paid to the

Trustee and such amount will thereafter form part of the Trust Fund;

(b) The amount of compensation paid to or received by a Class Member or

Family Class Member pursuant to a Plan will not be required to be included

- 26 -

in the taxable income of the recipient thereof under the Income Tax Act

(Canada) or the equivalent provisions of the income tax act of any Province

or Territory, provided however, that this provision will not apply in respect

of any amount or compensation paid to or received by a person other than

the person that, but for any assignment of any amount of compensation

payable under a Plan, would be the person entitled to the compensation

under the Plan or in respect of any tax payable mder Part XIII of the

Income Tax Act (Canada) or the equivalent provisions of the income tax act

t. of any Province or Territory by any Class Member or Family Class Member

or any amount required to be withheld by the Trustee or the Administrator

on account of such tax in respect of any compensation paid or received

under a Plan.

27. THIS COURT ORDERS AND DECLARES that, pursuant to subsection

26(7) of the Act and Section 10.01 of the Agreement, Mr. Justice Winkler shall

supervise the execution of this judgment and the distribution, pmsuant to the Plans and

that, without limiting the generality of the foregoing, this Court may issue judgments or

orders. in such form as are necessary. to implement and enforce the proviSions of the

Agreement, the Plans, the Funding Agreement and this judgment and may retain any

advisor this Court in its discretion considers necessary and the costs of so doing shall be

an expense of the Trust Fund.

- 27 -

28. TIllS COURT DECLARES that, from time to time, it may:

(a) remove the Fund Counsel for the Ontario Class Actions and appoint a replacement;

(b) remove its appointee of Class Action Counsel for the Ontario Transfused Class Action to the Joint Committee and appoint a replacement;

(c) remove any Referee! Arbitrator for the Ontario Class Actions and appoint a replacement;

(d) hear motions opposing the confrrmation of the Referee's reports for the Ontario Class Actions;

( e) approve any costs incurred or to be inconed by Fund Counsel appointed for the Ontario Class Actions and its appointee as Class Action Counsel for the Ontario Transfused Class Action to the Joint Committee; and

(f) award costs of any motions opposing the confumation of the Referee's reports for the Ontario Class Actions.

29. TIllS COURT ORDERS AND DECLARES that the Children's Lawyer

and the Public Guardian and Trustee:

(a) shaH be given notice of any motions to this Court for approval, amendment

or rescission of protocols; and

(b) may apply to this Court for advice and directions as he, she, it or they deem

necessary.

30. ~tflt~mm~~AltBS4lfalti~jUlgD\mt.U:bi»~

»J)llif~~~9i~~Rl~IIRM:~~*

~~U4m €»>1B&~XJl.dUMbl'cH.1.D'dl~iiliritti;,l'dttfdt1t~

~~~IJ::~'l'xWll~ml~~~H~

Amended by Order dated May 10, 2000 (See page 28A)

- 28 -

X\1I&Ilti&~liUd(0iUi*ti~~ti~iti)X~« ~ti¥tti~~

~~~~J(J()()'.df~lti~~:a.mnyXl~NU~:ig:;

.~x>P~cmtitx~.~~~li~~M~1t

31. TInS COURT ORDERS AND DECLARES that if an Ontario Class

Member opts out of an Ontario Class Action each ofms or her Ontario Family Class

Members are deemed to have opted out of the Ontario Class Action in his or her capacity as

an Ontario Family Class Member.

32. TInS COURT ORDERS that the Administrator shall, on or before

September 1, 2000, report to this Court and advise as to the names of those persons who ~

have opted out of the Ontario Class Actions.

33. TInS COURT ORDERS AND DECLARES that each Ontario Class

Member, unless the Ontario Class Member opts out in accordance with the provisions of

this judgment, and each Ontario Family Class Member unless the Ontario Family Class

Member opts out or is deemed to have opted out in accordance with the provisions of

this judgment, has released each of the Releasees from any and all actions, causes of

actions, liabilities, claims and demands whatsoever of every nature or kind for damages,

contribution, indemnity, costs, expenses and interest which any such Ontario Class

Member or Ontario Family Class Member ever bad, now has or may hereafter have in

any way relating to or arising from (i) in the case of each Ontario Transfused Class

Member and Ontario Transfused Family Class Member under the Transfused HCV Plan,

J I ';I

-28A -

30. THIS COURT ORDERS AND DECLARES that this judgment is binding on all Ontario

Class Members, including minors, unborn persons and persons under a disability, and all Ontario

Family Class Members, including minors, unborn persons and person under a disability, unless

an Ontario Class Member or an Ontario Family Class Member opts out of an Ontario Class

Action by filing a written notice with the Administrator on or before January 31, 2001 or unless

an Ontario Family Class Member is deemed to opt out in accordance with the provisions of this

judgment.

- 29 -

the infection of a Primarily-Infected Person with HCV during the Class Period or (ii) in

the case of each Ontario Transfused Class Member, Ontario Transfused Family Class

Member, Ontario Hemophiliac Class Member and Ontario Hemophiliac Family Class

Member under the Hemophiliac HCV Plan, the infection of a Primarily-Infected

Hemophiliac with HCV from Blood including, in each case, the infection of a

Secondarily-Infected Person, whether such claims were made or could have been made

in any proceeding including the Ontario Class Actions.

34. THIS COURT ORDERS AND DECLARES that the Ontario Class

Members and the Ontario Family Class Members, unless the Ontario Class Member opts

out in accordance with the provisions of this judgment. or the Ontario Family Class

Member opts out or is deemed to opt out in accordance with the provisions of this

judgment. separately and severally, have fully, finally and forever released each of the

Releasees, separately and severally, and in each and every capacity that such actions,

causes of actions, liabilities, claims or demands referred to in paragraph 33 of this

judgment may be asserted against any Releasee.

35. THIS COURT ORDERS AND DECLARES that the Ontario Class

Members and the Ontario Family Class Members, unless the Ontario Class Member opts

out in accordance with the provisions of this judgment. or the Ontario Family Class

Member opts out or is deemed to opt out in accordance with the provisions of this

judgment. are deemed to agree that they will not make any claim or demand or take any

actions or proceedings against any Releasee or any other person in which any claim

- 30 -

could arise against any Releasee for damages and/or contribution and/or indemnity

and/or other relief over under the provisions of the Negligence Act. RS.O. 1990, c. N.I,

as amended, or its counterpart in other jurisdictions. the common law or any other

statute of Ontario or any other jurisdiction in any way relating to or arising from (i) in

the case of each Ontario Transfused Class Member and Ontario Transfused Family Class

Member under the Transfused HCV Plan, the infection of a Primarily-fufect:ed Person

with HCV during the Class Period, or (ii) in the case of each Ontario Transfused Class .

Member, Ontario Transfused Family Class Member, Ontario Hemophiliac Class

Member and Ontario Hemophiliac Family Class Member under the Hemophiliac HCV

Plan, the infection of a Primarily-Infected Hemophiliac with HCV from Blood,

including, in each case, the infection of a Secondarily-Infected Person, provided that the W foregoing excludes the CRCS.

36. nus COURT ORDERS AND DECLARES that at the option of the FPT

Governments or their representatives, each Ontario Class Member and Ontario Family

Class Member receiving payment under one of the Plans will either,

(a) pursue any claims as described in Section 11.01 (c) of the Agreement that

the Ontario Class Member or Ontario Family Class Member has against the

CRCS, and assign to the FPT Governments the proceeds received by the

Ontario Class Member or Ontario Family Class Member from any such

claim, or

(b) within the Companies 'CreditorsA"angementAct, RS.C. 1985, c. C-36, as

amended, proceedingsrelating to the CRCS, prove, vote and otherwise act

- 31 -

to promote those claims as described in Section 1 l.Ol(c) of the Agreement

that the Ontario Class Member or Ontario Family Class Member has against

the CRCS in accordance with directions given to the Ontario Class Member

or Ontario Family Class Member by the FPT Governments or their

representatives, or, at the request of the FPT Governments or their

representatives grant to the FPT Governments and their representatives such

proxies or other forms of assignment as are necessary for the FPT

Governments to vote and otherwise act to promote any such claim of the

Ontario Class Member or Ontario Family Class Member, or

(c) enter into a release of all of such claims against the CRCS substantially in

I, the form of the releases attached as appendices to the Plans.

37. THIS COURT ORDERS AND DECLARES that the FPT Governments'

obligations and liabilities pursuant to Article Four of the Agreement, the Funding

Agreement and this judgment constitute the consideration for the releases and other matters

referred to in this judgment and such consideration is in full and final settlement and

satisfaction of any and all claims referred to therein and the Ontario Class Members and

the Ontario Family Class Members, unless the Ontario Class Member opts out in

accordance with the provisions in this judgment, or the Ontario Family Class Member

opts out or is deemed to opt out in accordance with the provisions of this judgment are

limited to the compensation payable pursuant to the Plans, as funded, pursuant to the

Funding Agreement and this judgment as their only recourse on account of any and all

- 32 -

such actions, causes of actions, liabilities, claims and demands referred to in paragraph

33 of this judgment.

38. TInS COURT ORDERS AND DECLARES that, pursuant to subsection

26(10) of the Act, Sections 10.01(1)(0) and 12.03 of the Agreement and Section 10.02 of

the Funding Agreement, but subject to the provisions of subparagraph 9(b) and (c) of

this judgment, once the Plans and the Program have been fully administered in

accordance with the Agreement and all obligations under this judgment have been

satisfied, and the Courts have declared that the Plans and the Program have been fully

adminjstered in accordance with the Agreement, any assets remaining in the Trust Fund

will be the sole property of the FPT Governments and shall be paid and transferred to •

the FPT Governments.

39. TInS COURT ORDERS AND DECLARES that, unless the Ontario Class

Member opts out in accordance with the provisions of this judgment, or the Ontario

Family Class Member opts out or is deemed to opt out in accordance with the provisions

of this judgment, this judgment and the Agreement are binding upon all the Ontario Class

Members an(hll the~tario Family Class Members who are minors, unborn persons or

persons under a disability, that the requirements of rule 7 .08(4) of the Rules of Civil

Procedureare dispensed with and that no additional court approval is necessary relating to

any payment made to or for the benefit of any Ontario Class Member or Ontario Family

Class Member who is a minor. an unborn person or a person under a disability.

- 33 -

40. mrs COURT ORDERS AND DECLARES that all infonnationin any

form whatsoever received, obtained, compiled or created by the Administrator, Trustee,

Investment Manager, Investment Consultant and Auditors as a result ofms, her, their or its

involvement with the Agreement, Funding Agreement, administration of the Plans and the

implementation of this j udgment including the Claimants' Data is to be held in confidence

and is to be used or disseminated solely for the purposes of administration of the Plans and

the implementation of this judgment and is not to be used or disseminated for any other

purposes whatsoever without an order of the Courts.

41. THIS COURT ORDERS AND DECLARES that the Administrator.

Trustee, Investment Manager. Investment Consultant and Auditors do not have and shall

not obtain any interest of any nature or kind in the Claimants' Data and in any information

received, obtained, compiled or created by him, her. them or it in the course of the

perfonnanceofhls. her, their or its duties, in the course of administration of the Plans and

in the implementation of this judgment.

42. THIS COURT ORDERS AND DECLARES that the Trustee shall hold in

trust for the Class Members and Family Class Members legal title to the Claimants' Data

received, obtained, compiled or created by the Administrator, Trustee, Investment

Manager, Investment Consultant and Auditors.

43. THIS COURT ORDERS AND DECLARES that the Administrator,

Investment Manager. Investment Consultant, Joint Committee and members of the Joint

- 34 -

Committee have no right, authority or ability to pledge the credit of the Trust Fund or in

any way to encmnber the TnJSt Fund

44. TInS COURT ORDERS AND DECLARES that no person may bring any

action or take any proceedings against the Administrator, Trustee, Investment Manager,

Investment Consultant, Auditors, Fund Counsel, Joint Committee or members of the Joint

Committee or their employees, agents, partners, associates, representatives, successors or

assigns for any matter in any way relating to the Agreement, the Funding Agreement, the

administration of the Plans or the implementation of this judgment, except with the leave of

the Courts.

45. TInS COURT ORDERS AND DECLARES that the Ontario Class

Members and the Ontario Family Class Members shall be given notice of the certification

of the Ontario Class Actions and of this judgment in a manner which shall be directed by

this Court by further order.

46.

(a)

lHIS COURT DECLARES that by further order it shall:

appoint Fund Counsel for the Ontario Class Actions on the terms and

conditions and with the powers, rights, duties and responsibilities to be

particularized;

(b) appoint Referees! Arbitratorsfor the Ontario Class Actions on the terms and

conditions and with the powers, rights, duties and responsibilities to be

particularized; and

- 35 -

(c) make all other necessary and ancillary orders for the implementation of

the Agreement, the Funding Agreement and this judgment and the

ongoing supervision thereof

47. TInS COURT DECLARES that the Courts shall appoint a firm of

Auditors on the terms and conditions and with the powers, rights, duties and responsibilities

to be particularized and make all other necessary and ancillary orders for the

implementation oftbe Agreement, the Funding Agreement and the Approval Orders and

the ongoing supervision thereof.

48.

be as follows:

BETWEEN:

BETWEEN:

TInS COURT ORDERS that the title of proceedings in this judgment shall

OIANNA LOUISE PNISONS. MICHAEL HER8ERT CRUlCK8HANK8. OAVIO l\IU.. IIIAImH HEHRY GRIFFEN. N4.NA KAROISH.

ElSIE ICOlYI<. E>oIcLtriII d .. £lIlY 01 HooT}' ~ ___ ...t ELSIE ICOlYI<. ~

...t THE CANAOW4 RED CROSS SOCIETY.

HER MAJE5TY THE QUEEN IN RIGHT OF OHTAAIO ...t THE ATTORNEY QEHEfW. OF CANADA

...t

HER IoIIA.II!$TYTHE QUEEN IN THE RIGHT OF THE PR<MNCE OF N..IIERTI\, HER MAJESTY THE QUEl!H IN '!lIE RIOKT OF THE PROWICE OF IlASKATQtEWjIoN.

HER MlUE5TYTHE QUEEN IN THE AIGHT OF THE PRO\IINCE OF MAHfT08A. HER MAJE5TY THE QUEEN IN THE RIGHT OF THE PRO\I'I'ICE OF NEWIJRUNS'WICK.

HER MlUESTYTHE QUEEN IN l1iE RIGHT OF THE PR<MNCE OF I'I'UNCE. EDWMD ISI.NC>.

HER MAJE5TY THE QIJIU:N IN THE RIOKT OF THE PRO\IINCE OF NOVA SCOTII\. HER MlUE5TY THE QUEEN IN THE RIGHT OF THE PAOIIINCE OF NEWFOUNDLAND.

THE GCIIIERHMEHT OF THE NORTHWEST TERRITORES. THE GO\II!I'UNENT OF NUNAWT AND THE GO\I'eRHMEHT OF

THE WKON TERRITORY

.wES I<REI"PNER. IIAIUtY ISAAC. HORMAN LANDRY. _ EJoocuor d .. E.-d ... SERGE LAHDRY. PETER FeLIIIHG. I:IONAI.D MIl.I..ICW/,

AU.AN GRIJHIJ<E. ... LOVE ...t PiWIJI'/E fQURHlER _ E>oIcLtriII d .. ~ 01 ... PIERRE FOURHIER

and THE CAIW)IAH REO CROSS SOCIETY.

THE ATTORNEY GENERAL OF CAHAI)A .-.d

49.

- 36 -

HER MI\J£STY THE QUEEN IN RIGHT Of ONTARIO

IWId HER MAJESTY THE QUEEN IN THE RIGHT Of THE PROII'INCE Of ALBERTA.

HER MA.IESTY THE QUEEN IN THE RIOHT Of THE PROVINCE Of SASKATCHEWAN, HER MI\.IESTY THE QUEEN IN THE RIGHT OF THE PROYIHCE OF IoW'irrOllol\.

HER MAJESTY THE QUEEN IN THE RIGHT Of THE PROIIINCE Of NEWBRUNSWICK. HER MAJESTY THE QUEEN IN lHE RIGHT OF THE

I'ROIIIHC£ OF PRINCE ~ 1Si.NCO, HER MAJESTY THE OOEEH IN THE RIGHT OF lHE PROVINCE OF tClA SCOTIA.

HER MAJESTY THE QUEEH IN THE RIOHT OF THE PRO\IIHCE OF NEWFOONOI.ANI), THE G()VERIrII,EHT OF THE HOImM£ST TBUUTORIES,

THE GOIIERINEHT Of NUNAII\IT JIHO THE GOIIERMtENT Of THE YUKON TERRITORY

Pte: • elno ........ c:a.- ,. a :c. .JpI Act .,.,Z

nus COURT ORDERS that the title of proceedings in action number 98-

CV -141369 shall be as follows:

8ETWEEN:

so.

DWtNfo. LOUISE PNISONS. MICHAEL HERBERT CRUICI<8HANI(S. IlAVID TUU.. MARTIN HEHR'I' QRJFFEN. ANNA KMDISH.

EUllE KOl'IK. e-eu rA .. ~rAlWry 1f.olrIc,..-...cI IWId ELSII! I<O'M<. ~

IWId THE CANADIAN RED CROSS SOCIETY.

HER MAJESTY THE QUEEN IN RIGHT Of ONTARJO IWId THE ATTORNEY GENERAl. OF c::AHAIlA

IWId HER MAJESTY THE QUEEN IN THE RIGHT OF lHE PROWICE OF ALBERTA.

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PftO\/lNCE OF SMKATCHEWAN, HER MAJESTYTHE OOEEH IN THE RIGHT Of THE PROWIC£ OF ~

HER IoUUE8TY THE OUE£H IN THE RIGHT OF THE PROVINCE OF HEWBRUNSWICK. HER MAJESTY THE QUEEN IN THE RIGHT OF THE

I'RO\IIHCJ! OF PRINCE EDWMD ISI.AHD. HER MAJeSTY THE QUEEN IN THE RIGHT OF THE PRCNINCE OF NOVA SCOTIA.

HER IoUUE8TY THE QUEEN IN THe RIGHT OF THE PROIIINCE OF NE¥*OUNDLAHD, THE GO\I'ERNMENT OF THE NORTHWEST TERRITORlES,

THE GOI/'I!.MNMeHT OF NUNAWT AND THE GOVERtNEHT Of THE YUKON lERRITORY

... DC ..... .-. .. a.-"' ....• \9IMt. f.-z

nus COURT ORDERS that the title of proceedings in action number 98-

cv -146405 shall be as follows:

BETWEEN:

- 37 -

51. TInS COURT ORDERS that the fees and disbursements of:

(a) the solicitors for the Class Action Plaintiffs in the Ontario

Transfused Class Action;

(b) the solicitors for the Class Action Plaintiffs in the Ontario

Hemophiliac Class Action; and

(c) the solicitors for the intervenors and for the friends of the Court in

the Ontario Class Actions;

and all matters relating thereto be dealt with by this Court on December 9 and 10, 1999.

52. TInS COURT ORDERS AND ADJUDGES that., save as aforesaid, the

Ontario Transfused Class Action and the Ontario Hemophiliac Class Action be and are

hereby dismissed without costs.

en'ERED ATiiNSCAtT A T(Jf(QNTO QNIBOOKNC' LEiDAN!:) tE REGl~t NO.:

~ E r ~ 4 1~9g

;s ')V~~I .. ,::.~~-:- i~~O .. J, lT0'!S OE DOC\JMENT NO.: PEF1/FAA: Ci . d..- ~ .. « A .. ....::;)

JUSTICE

THE ATTACHED IS EXHIBIT "B" TO THE AFFIDAVIT


ME THIS 7'h DAY OF AUGUST, 2012

Court tile 11 98-CV-141369

ONTARlO SUPERIOR COURT OF JUSTICE

"rHE HONOURABLE CHIEF JUSTICE ) ) ) ~

r" THE 'l DAY

OF ONTARIO WARREN K. WINKLER OF APRIL. 20 I 0

BETWEEN:

DIANNA LOUISE PARSONS, MfCHA.EL HERBERT CRUICKSHANKS. DA VIC roLL, MARTIN HENRY GRIFFEN. ANNA KARDISH. ELSIE KOTYK. Executrix of the Estate of Hany Kotyk. deceased

and ELSIE KOTYK. personally Plaintiffs

and


and THE ATTORNEY GENERAL Of CA NADA

Defendants

and

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF AiLBERTA, HER MAJESTY mE QUEEN IN THE RIGHT OF THE PROVINCE OF SA S to.. TCH£WAN.

HER MAJESTY THE QUEEN IN llIE RIGHT OF THE PROVINCE OF MANITOBA. HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NEW aRUNSWICK,

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOVA SCOTIA HER MAJESTY TIlE QUEEN IN THE RIGHT OF THE PROVINCE OF NEW~OUNDLAND,

THE OOVER,NMENi Of THE NORTHWEST TERRITORIES. , THE GOVERNMENt OF NUNA VUT AND THE GOVERNMENT bF

TIlE YUKON TERRI10RY Intervenors

Proceeding uader the Class Ptvceedings Act, 1992

rHIS IS TO CERilPY THAT THIS LA PRr:SENT AnEST aue Cc. ::lOCUMENT, EliCH PAGE OF nOCUMENT, DOtH GIiAGUNE WllleH IS STAMPED WITH TilE oes PAGES eSi REV~TUE ov SEAl. OF THE SIJ~F\IOR cOUI'\T SCE~U De LA COUR SUPERIEUR!; OF JUS11CE \T TORONTO, IS A oe JUSTICE A TORONTO, EST liNE TRuE COpy OF T~ OOOUMe,.r COPIE CONroR 01.1 DOCUMENT ON File IN THIS OfFICE ~

DATED AT TORONTO TliIS I.r OAt t,f F~IT A TORONTO JO oe~~--

REG!STRAR GREFFIER

· .. 2·

Court File No. 9s.cV~146405

BETWEEN:

JAMES KREPPNER. BARRY ISAAC, NORMAN LANDRY, as Exctutor ofthe Estate ofthc late SERGE LANDRY, PETER FELSING. DONALD MILLIGAN,

ALLAN GRUHLKE. JIM LOVE and PAULINE FOURNIER 3S Executrix of the Estate of the late PIERRE FOURNIER

and

THE CANADIAN REO CROSS SOCIETY, THE ATTORNEY GENERAL OF CANADA and


and

Plaintiffs

Defendants

HER MAJESTY rnE QUEEN IN THE RIGHT OF THE PROVINCE OFA'tBERTA. HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF SASKATCHEWAN.

HER MAJESTY TIlE QUEEN IN THE RIGHT OF THE PROVINCE OF MANITOBA, HER MAJESTY 11-IE QUEEN IN THE RIGHT OF THE PROVINCE OF NEW BRUNSWICK.

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOVA SCOTIA HER MAJESTY THE QUEEN IN TIiB RIGHT OF TIm PROVINCE OF NEWFOUNDLAND,

THE GOVERNMENT OF THE NORTHWEST TERRITORIES, THE GOVERNMENT OF NUNA VUT AND THE GOVERNMENT OF

THE YUKON TERRITORY

Intervenors

Proceeding under tbe CIOB Proceedings Act, 1993

ORDER

THIS MOTION, made by the Ontario Members of the Joint Committee.

coming on befote Winkler, C.1.0. in writing:

ON READING rhe Affidavits of Sharon Matthews, sworn January 14,

20 J 0 and Etly Alboim, sworn January 18, 20 t 0;

.,. AND THIS ACTION BEING STAYED AGAINST the defendant the

Canadian Red Cross Society by the order or Mr. Justice Blair made on July 20, 1998 in

Ontario Superior Court of Justice Action No. 98-CL-002970 (Toronto) and subsequently

extended by further orders made on August 18, 1998, October 5, 1998t January 18,

t 999~ May 5. 1999. July 28. 1999 and February 25, 2000;

1. THIS COURT ORDERS that the budget for a HCV first claims deadline

communication campaign is bereby approved in the maximum amount of two hundred

thousand (S200,OOO.OO) dollars inclusive of:

(a) aIt service provider fees;

(b) costs;

(c) disbursements. and

(d) taxes

(together, the "Communications Budgef').

2. THIS COURT ORDERS that the HCV fIrst chums deadline

communication campaign shall inc1ude the Crawford proposal attached as Exhibit "N'·

to the Affidavit of Sharon Matthews, swom January 14. 2010.

3. THIS COURT ORDERS that the balance of the Communications Budget

!)hall be spent on ensuring that the first claims deadline notification campaign is directed

to d~tors, hospitals, labs and patient disease groups.

4. THIS COURT DIRECTS that RBe Dexia Investment Services shall

make payments to Crawford andlor other service providers on accounts pertaining to the

HeV first claims deadline communication campaign after review and approval of those

accounts by the Joint Committee, up to the limit of the Communications Budget.

5. THIS COURT ORDERS that the HCV first claims deadline

communication campaign shall include notice that individuals who were transfused or

received blood between January 1, 1986 and JuJy 1, 1990 and are or were infected with

HCV need to conunence a claim by June 30, 2010 or within three years of when they

became aware of their infection with HCV, whichever is later.

6. THIS COURT ORDERS that the terms of this order not be effective

unless and until similar orders have been made by the Superior Court of Quebec and

Supreme Court of British Columbia.

7. THIS COURT DELCARES that this Order shall be filed in the Ontario

Transfused Class Action. Court File No. 98-CV~141369 and the Ontario Hemophiliac

Class Action, Court File No. 98-CV·146405 after it has been issued and entered.

ENTEI=lF.O AT I INSCRIT A TORONTO ON I tJr)(V i'l<

U: " r;~Mr:, U: I1~GI;':1"t:)~ NO.:

APR 1 ~ 2010 AS DOCUtl/lf:iNT NO.: A TlTm:: DE: DOCUMENT NO, PE;Fl ,I PAR' r1 -.

wrNKLER C.lO.

PAR'SONSetal. \IS. THE CANADIAN RED CROSS SOCJErV d

KREPPNER et a!. aL Plaintiffs DefendBllts

Court File No. 98-CV·141 }69 98-CV-1464!lS

ONTARIO SUPERIOR COURT OF JllSTrCE

PROCEEDINGS COMMENCED AT TORONrn

SVTrS. STROSBERG LLP Lav.'Ym 600 Wcstrourt Place 2S l Goyeau Sttc:et Windsor ON N9A 6V4

HARVEl' T. STROSBERG LSUCI#: 126400 Tel: (SI9tlS8-9333 Fax: (519) 258·9521

ORDE.R

TOUGH'" PODREBARAC LLP CouRsel 300· 166 Pearl Street Toronl11, ON M5H IU

KA THR\'N PODREBARAC Tel: (416l148-1SD2 fllX: (4l6l343·1S0S

Joint Committ~-Or.tl!.Tio

FILE: 44-91}t-OOD REF: Hrs(~m'

803620

THE ATTACHED IS EXHIBIT "C" TO THE AFFIDAVIT


ME THIS th DAY OF AUGUST, 2012

-- ~.-~ W Itz a r.ornrn;<;~innN ~f:" ... _....tlomllne 0,' '" IYIjlllI"'~' f r Suits ~jtrl\' 1"". County of Essex, .a" 0 •

Barristers and Sahel,or-~ Expires December 18. 2014

.' Summary of !i.e i ,i , fr m e 861 0 Fin~1 First ': ai ead i e Noti.ce .

Status as of August 4,2010 86/90 COMMUNICATION CAMPAIGN

C<?wiord Class Action Services

Summary of Activity:

• Mailed 4,124 Registered Only Notices • Mailed 4,065 Established Claim Notices • Issued 304 Claim Form Packages • Referred 11 claimants to the Pre Post Program • Determined after discussion that 53 calls required no further action (interest/curiosity) • Archived 171 claims (callers clarified they did not qualify therefore file coded

appropriately - no blood in class period. not infected with HCV. etc) • Reviewed existing claim and answered questions for 257 claimants • Called as requested on coupon/no answer/phone message left for 338 callers • Based on information left on the coupon or voicemail no callback required for 291

callers

Total activity = 1,425 minus the 291 category of no callback required = 1! 134 calls

We received 1,850 Notices back as Undeliverable

Up to and including June 30th we provided a live toll free bilingual help desk and have since resumed our normal call back service.

We re-engineered the Hep C 86-90 website to facilitate use by persons looking to make a first claim. A copy of the Final Notice in both English and French languages was posted on the website.

On June 29,2010 we re-issued our invoice for our fees reducing from the original $61,424 to $58,195.20. This reduction was as a result of CBS not being in a position to participate in the Communication Campaign (workload/confidentiality issues).

We will learn over the coming months the impact this campaign has had on the number of new claims that are completed.

Submitted by:

Nancy Killam Senior Project Manager Crawford Class Action Services

908062

THE ATTA eH ED IS EXHIBIT "D" TO THE AFFIDA VIT


ME THIS t h DAY OF AUGUST, 2012

. Wo .... a commissioflef• etc., M Maret lorraine IlL. p c~~~ty of Essex. lor SuUs. Strosberg LL • Barristers and Solicitors. Expires December 18. 2014.

86-90 Hepatitis C Class Action - National Notice 2010 Mailing

In late March 2010, Bruneau Group was appointed by the Courts to develop, execute and report on a bilingual national mailing campaign; referred to as the "HCV First Claim Deadline Communication Campaign".

A bilingual, plain language, one (1) page Notice was drafted and served to notify individuals that were transfused or received blood between January 1, 1986 and July 1, 1990, who are or were infected with HCV, that they need to file a claim before June 30, 2010 or within three years of when they first became aware of their infection with HCV, whichever is later. A one (1) page "Waiting Room" 8xll poster was equally developed and enclosed with the Notice. Recipients were invited to display the "Waiting Room" poster in their offices. An English and French copy of the Notice and "Waiting Room" poster, plus an image of the envelope in which the Notice was stuffed are attached to this report, after the Mailing List Summaries.

Our mandate focussed on communications to doctors, hospitals, labs and patient groups.

Please find below a statistical summary of the addressees to whom the aforementioned notice was sent. All envelopes were sent regular ground mail, postmarked April 30, 2010.

1. Physicians &. Nurses Notice Mailing List - Summary

GASTROENTEROLISTS 576 E 176 F 752

GASTRO - PEDIATRIC 87 E 16 F 103

HEPATOLOGISTS 35 E 6F 41

NATIVE MEDICINE 459 E 107 F 566

PRISON/DETENTION 148 E 27 F 175

COMMUNITY MEDICINE 193 E 151 F 344

PUBLIC HEALTH 40 E 57 F 97

INTERNAL MEDICINE 1,230 E 319 F 1,549

GP/FM 19,692 E 6,640 F 26,332

BRUNEAU GROUP. GROUPE BRUNEAU June 15, 2010

1

86-90 Hepatitis C Class Action - National Notice 2010 Mailing

Physicians &. Nurses Notice Mailing List (cont'd)

NURSE PRACTITIONERS 1,862 E Specialties

Family medicine Gastroenterology Hepatology Public health Community medicine Native medicine Prison/detention medicine Doctor's office Internal medicine 9,071 E

TOTAL 33,393 E

2. Laboratories Mailing List - Summary

COMMUNITY

HOSPITAL

TOTAL

703

785

1,488

49 F 1,911

386 F 9,457

7,934 F

66 769

85 870

151

3. Patient Groups and/or Associations Mailing List - Summary

EN1l1lES

Examples of targeted entities included: Provincial College of Surgeons & Physicians Community Support Groups Blood and Liver Associations Research or Academic contacts

TOTAL

82

82

20 102

20

BRUNEAU GROUP. GROUPE BRUNEAU June 15, 2010

April 30, 2010

Dear healthcare professional,

www.hepc8690.ca 1-866-640-9994

If your patient or someone you know is infected with Hepatitis C and may have had a blood

transfusion or received or took blood in Canada between January 1, 1986 and July 1, 1990, it

is very important to tell that person that the deadline for submitting a first claim for

compensation ($) is, in most cases, the later of:

'---_J_u_ne 30, 20101 OR 1· within 3 years of first learning of the Hepatitis C infection

The benefits payable to approved claimants serve to alleviate financial stresses arising from

care and treatment expenses associated with the HCV infection and compensate for pain and

suffering. The 1986-1990 Hepatitis C Claims Centre, receives and processes claims made

by:

a) persons infected with Hepatitis C due to blood transfusions received in Canada

between January 1, 1986 and July 1, 1990;

b) persons with hemophilia or thalassemia major infected with Hepatitis C who

received or took blood in Canada between January 1, 1986 and July 1, 1990; and

c) family members of HCV infected persons who are deceased.

If your patient was transfused or received or took blood but has never been tested for

Hepatitis C, please consider recommending a blood test as soon as possible.

For more information visit www.hepc8690.ca or call toll free at 1-866-640-9994 and we will

answer questions / assist with the decision to make a claim or not. It's all confidential. If

unsure about the patient's right to claim, please advise your patient to consider making a

claim before June 30, 2010 so as to protect the right to claim and we will, after that date fully

assess eligibility.

If the contents of this letter connict with the 1986-1990 Hepatitis C Settlement Agreement, the terms of the 1986-1990 Hepatitis C Settlement Agreement govern.

Please post in patient waiting area.

1. Diagnosed with Hepatitis C?

2. May have had a blood transfusion or received or took blood In

Canada between January 1, 1986 and July 1, 1990?

3. Transfused or received or took blood but never tested for Hepatitis C?

Consider requesting a blood test as soon as possible.

WHY ASK THESE THREE QUESTIONS?

Because benefits ($$) payable to approved claimants serve to alleviate financial

stress arising from care and treatment expenses associated with hepatitis C as

well as compensate for pain and suffering. A formal claim must be filed with the

1986-1990 Hepatitis C Claims Centre.

The deadline for submitting a claim for compensation ($) is, in most cases, the

later of:

I June 30, 201 0 ~ OR I within 3 years of first learning of the Hepamis C infection

For more information visit www.hepc8690.ca or call toll free at

1-866-640-9994 and we will answer questions I assist with the decision to

make a claim or not. It's all confidential.

Le 30 avril 2010 www.hepc8690.ca 1-866-640-9994

Chers professionnels de la sante,

Si votre patient ou quelqu'un que vous connaissez est infecte par Ie VHC et aurait peut-etre

reyu une transfusion sanguine ou reyU ou pris du sang au Canada entre Ie 1er janvier 1986 et

Ie 1 er juillet 1990, il est tres important d'informer cette personne que la date limite pour

soumettre une premiere reclamation en vue d'obtenir une compensation ($) est, sauf

exception, la plus tardive des dates suivantes :

30 juin 2010 3 ans apres la date a laquelle la personne a appris qu'elle etait infectee ar Ie VHC

Les indemnites payees aux reclamants approuves servent a reduire Ie stress financier

occasionne par les depenses encourues pour les soins et traitements associes a I'infection

par Ie VHC et a indemniser la douleur et la souffrance. Le Centre des reclamations de

I'hepatite C 1986-1990 reyoit et traite les reclamations transmises par:

a) des personnes ayant contracte Ie VHC a la suite de transfusions sanguines reyues au Canada entre Ie 1er janvier 1986 et Ie 1er juillet 1990;

b) des personnes atteintes d'hemophilie ou de thalassemie majeure qui ont contracte Ie VHC et qui ont reyu ou pris du sang au Canada entre Ie 1 er janvier 1986 et Ie 1 er

juillet 1990; et c) des membres de la famille de personnes infectees par Ie VHC qui sont decedees.

Si votre patient a re9u une transfusion sanguine ou a pris ou re9u du sang mais n'a jamais

subi de test de depistage pour Ie VHC, veuillez s'U vous plait considerer demander ce test des

que possible.

Pour plus de rense;gnements, visitez Ie www.hepc8690.ca ou telephonez sans frais au

1-866-640-9994. Nous repondrons aux questions et/ou aiderons avec la decision de

presenter une reclamation ou non et ce, en toute confidentialite. Si vous etes incertain a propos du droit de votre patient de reclamer, veuillez lui suggerer de soumettre une

reclamation avant Ie 30 juin 2010 afin de preserver son droit de reclamer et nous pourrons,

apres cette date, evaluer son eligibilite .

• Si les termes de cette leltre entrent en con flit avec la Convention de reg/ement relative a I'Mpatite C pour la periode du 1·' janvier 1986 au 1"' juil/et 1990, les termes de la Convention de reglament relative a I'Mpatite C pour la perioda du 1"' janvier 1986 au 1·' juillet 1990 ont preseance.

Veuillez svp afficher dans la salle d'al1ente

1. Diagnostiquee avec Ie virus de J'hepatite C?

2. Peut-etre rec;u une transfusion sanguine ou rec;u ou pris du sang

au Canada entre Ie 1 er janvier 1986 et Ie 1 er juillet 1990?

3. Rec;u une transfusion sanguine ou a pris ou rec;u du sang mais n'a

jamais ete teste c~ntre Ie virus de I'hepatite C?

Considerez demander un test sanguin des que possible.

POURQUOI SE POSER LES TROIS QUESTIONS CI-HAUT?

Parce que des indemnites ($$) sont payees aux reclamants approuves et

servent a reduire Ie stress financier occasionne par les depenses encourues

pour les soins et traitements associes a I'hepatite C ainsi que pour indemniser

pour la douleur et la souffrance qui en decoulent. \I faut soumettre une

reclamation au Centre des reclamations de I'hepatite C 1986-1990.

La date limite pour soumettre une premiere reclamation en vue d'obtenir une

compensation ($) est, sauf exception, la plus tardive des dates suivantes :

L' .3 .. 0 J"uin 2010 I.ou I. 3 ans apres~a d~te a '?quelle'~ pe~sonne a appris qu'elle . Infectee par I'hepatlte C

.... ___ . __ . ____ I ___ .... L~.. ..

Pour plus de renseignements, visitez Ie www.hepc8690.ca ou telephonez

sans frais au 1-866-640-9994. Nous n§pondrons aux questions etlou

aiderons avec la decision de presenter une reclamation ou non et ce,

en toute confidentialite.

•

lIu,lcTtTno (; ltu'l'rrl!:(;~ JAW ... " 1,'_ lI!IlUNDl'lin JttL:t ~t is.. I:~U (;"'0$ Ac:nmls """""",11'. a~ ... n 1JI1l"alfflilU...,

llUl"RlBUT_

"i> '" ~;;

ATTENTION! If infected by blood: compensation claim deadline

AVIS! Si infectee par Ie sang: date limite pour demande d'indemnisation

,-i

;.

1 866262.0006 WWW.BRUNEAUGROUP.COM

821373

THE ATTACHED IS EXHIBIT "E" TO THE AFFIDAVIT


ME THIS t h DAY OF AUGUST, 2012

Margaret lorraine Woltz. a Commissioner, e\c., County of Essex, for Sutts. Strosberg llP. Barristers and Solicitors. Expires December 18, 2014.

' ..

Court file # 98-CV-141369


THE HONOURABLE CHIEF JUSTICE ) ~ THE 1\ DAY

OFONTARlOWARRENK. WINKLER ~ OFi~ ,2012

BETWEEN:



and



and

Plaintiffs

Defendants

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ALBERTA, HER MAJESTY THE QUEEN INTHE RIGHT OF THE PROVINCE OF SASKATCHEWAN,


HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OFNOVA SCOTIA

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROV INCE OF NEWFOUNDLAND, THE GOVERNMENT OF THE NORTHWEST TERRITORIES,

THE GOVERNMENTOF NUNAVUT AND THE GOVERNMENT OF THE YUKON TERRITORY

Intervenors



B ETWE EN:

jlJ '3Hn!J/1j JAMES KREPPNER, BARRY ISAAC, NORMAN LANDRY, as Execut s~\ ~<Y.

of the Estate of the late SERGE LANDRY, r-i" .~>-. ~J> PETER FELSING, DONALD MILLIGAN, ~~: ,/ 17 <~ ~

ALLAN GRUHLKE, JIM LOVE and PAULINE FOURNIER '=: 0

as Executrix of the Estate of the late PIERRE FOURNJER \';'"r. I

\~~ ,~ ... ', j~i_ .. ; ,,~

-2-

and

THE CANADIAN RED CROSS SOCIETY, THE ATrORNEY GENERAL OF CANADA and


and

Plaintiffs

Defendants

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF ALBERT A, HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVeNCE OF SASKATCHEWAN,


HER MAJESTY THE QUEEN eN THE RIGHT OF THE PROVINCE OF PRINCE EDWARD ISLAND HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOVA SCOTIA

HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVeNCE OF NEWFOUNDLAND, THE GOVERNMENT Of THE NORTHWEST TERRITORIES,

THE GOVERNMENT OF NUNAVUT AN 0 THE GOVERNMENT OF THE YUKON TERRITORY

Intervenors Proceeding under the Class Proceedings ACf, 1992

ORDER

THIS MOTION made by the Joint Committee for the relief granted

herein made without notice was heard in writing this day.

ON READING the affidavits of Heather Rumble Peterson, sworn

November 2,2011 and May 16, 2012, filed

1. THIS COURT ORDERS that the Court Approved Protocol-

"Requirements for the Exceptional Filing of Claims After Applicable Time Limits" at

Appendix "A" be and is hereby revoked.

993211

-3-

2. THIS COURT ORDERS that the proposed protocol- "Recent HCV

Diagnosis Exception to the June 30, 2010 First C1aim Deadline" at Appendix "B" be

and is hereby approved.

3. THIS COURT ORDERS that the proposed protocol - "Issuance of

Claims Packages After The June 30, 2010 First Claim Deadline" at Appendix HC" be

and is hereby approved.

4. nns COURT ORDERS that the provisions of this order will not be

effective until similar orders are made by the Supreme Court of British Columbia and

the Superior Court of Quebec.

ENTERED AT IINSCRIT It. TORONTO ON I BOOK NO: I.E I DANS LE REGISTRE NO.:

JUN 1 4 1011.

~ / \ /' "

p~/PAR: \ d

LA PR£SENT fineST QUE CE THIR IS TO CERTIFY THATTHIS DOCUMENT. DONT CHACUNE DO(lUMINt, EACH PAGE OF DES PAGES EST REvtrUE DU WHICH IS STAMPED WITH T~E E U DE lA COUR SUP£RIEURE SEAl. Of. TH~ SUPERIOR COURT ;i J~STlCE A TORONTO, EST UNE OF JUSTICE AT TORONTO, IS A COP~NFORME OU DOCUMENT TRUE COpy Of THE DOCUMEN . RV¢ ~s CE 8~~ ON FilE IN THIS OffiCE • ).. l ~ ) Lc...l DATED AT TORONTO THIS OAU;{RO~~ '~/" :JO FAIT A TORONTO I.E

=-- ~~IER REGiSTRAR

! /

JUSTICE

APPENDIX A

COURT APPROVED PROTOCOL

REQUIREMENTS FOR THE EXCEPTIONAL FILING OF ClAIMS AFTER APPLICABLE TIME LIMITS

Where Ihe Admltlililralor IS nolllled for the r .. s\ lIme of a clam to be 'lied alter the applicable hme Ilmil SQI out In secboos 305 (1),306 or 3 07 or the Transfused HCV Plan or SectiOns 3 04 (1,. 3 05 or 3 06 or the Hemophiliac HCV Plan or 10 the derulIllon 01 Secondorlly Infected Pllrson and Spouse (the \I lale Claim lI». the AdmlOlslralor shall

I) record all the relevanl Inlormahon pertaining to Ihe Lale Claim, and

II) request 8 wnHen e.lplanallon 10 be reeSllled wllhln Iturt)' (30) days and deladmg the reasons Why Ihe Late Claim was nol 'lied In accordance WIth the applicable lime hmll

2 II the Admlnlstralor IS of Ihe Opl(1I0n that Ihe detailed written explanatIOn contalOS reasonable grounds for not '''lng the late Claim In accordance With the applicable lime hmll, the Admlmslralor shall provide all Inillal ClaIm Package 10 the person 'dIng a Lale Claim,

3 . The sendIng out 01 an Imllal Claim Package pursuant to IhlS Court Approved Protocol shall not be corulldered 3S bUldlng UI any way Whatsoever on Ihe eligibility and assessment of the Late Claim lor compensation

4 If the Administrator does nol rete lie a detailed written explanatIOn wllhll1 thirty (30) days as dC5Ct1bed In Section 1 (II) or, If III the opJnlOn altha Admlnltilrator. the detailed wTltten explanahon does not contain reasonable grounds. 8ltplalntO\) why the La\e Clam was not flied In accordance with the applicable lime lam It. tha Admlnlstralor $hafl noldy the penson In WTJhng tha' the Lale Claim has been denied based on the ladure to meel the applICable lime Jlmll and shaD brlllllihe rerevanl appeal secllons 01 the Transfused HCV Plan or the Hemophiliac HeV Plan (0 lhe anenho" of such person

5 Any dIKISIQn by the Administrator 10 deny a Late Claim bas.ed on lhe ladure to meet the appflcable lIme I,mltls subject 10 appeal putsUanllo artICle 1001 of the Transfused HeV Plan or artICle 1001 of the Hemophiliac HCV Plan

" ,

APPENDIX B

COURT APPROVED PROTOCOL Recent HCV Diagnosis Exception to

the June 30, 2010 First Claim Deadline (section 3.08(b) of the Transfused HCV Plan and

section 3.07(b) oftbe Hemophiliac HCV Plan, collectively referred to as the "Plans")

May 2012



June 30, 2010.

2. The Administrator shall issue an Initial Claim Package upon request,

notwithstanding that the request is made after the June 30, 2010 first claim

deadline, in the circumstances where the HCV Infected Person first learned of

hisfher infection with HCV within the three (3) years prior to the date the claimant

first advised the Administrator of a potential claim (such circumstances to be

referred to as the "Recent HCV Diagnosis"), provided the claimant submits a

signed statement to that effect and an HCV Antibody Test report dated within the

said three (3) year timeframe.

3. When issuing the Initial Claim Package to a claimant the Administrator shall

advise the claimant in writing that:

(a) the deadline to deliver the completed Initial Claim Package to the

Administrator is six (6) months; and

POO 14-001100260003.1)

2

(b) after the expiration of six (6) months, the claimant will be required to seek

and obtain an order from the Court havingjurisdiction pursuant to section

3.07(b) or section 3.08(b) of the relevant Plan if the Claim is to proceed.


Protocol shall not be determinative of the eligibility of the Recent HCY Diagnosis

claimant to receive compensation. The Administrator shall process the Recent

HCY Diagnosis claim and detennine eligibility for compensation by applying the

terms of the Settlement Agreement in light of the Court Approved Protocols and

Standard Operating Procedures which are in place under the Plans at the time of

processing.

5. If, during the processing of the Recent HCY Diagnosis claim, the Administrator

becomes aware of information which causes it to believe that the HCY Infected

Person first learned of his/her HCY infection more than three (3) years prior to the

date that the claimant first advised the Administrator of a potential claim, the

Administrator shall reject the Recent HCY Diagnosis claim.

6. Where the Administrator rejects a Recent HCY Diagnosis claim in accordance

with paragraph 5, the Administrator shall:

(c) notify the claimant in writing that the Recent HCY Diagnosis claim is

rejected based on the failure to satisfy the Administrator that the Hey

Infected Person first learned ofhislher infection with HCY in the three (3)

years preceding the date the claimant first advised the Administrator of a

{2OO 14-00 1100260003.\ I

, '

3

potential claim and indicate the information on which its decision is based;

and

(d) advise the c1aimant that the appeal route at section 10.01 of the relevant

Plan applies.

7. Where the Administrator rejects the Recent HCY Diagnosis claim in accordance

with paragraph 5, the'claimant shall not be estopped from seeking to advance the

Claim under any other Court Approved Protocol or Court order which hereafter

issues,

97)4ll

{200 14-00 1 100260003 , 1\

APPENDIXC

COURT APPROVED PROTOCOL Issuance of Initial Claims Packages

after the June 30, 2010 First Claim Deadline

May 2012

1. The Court Approved Protocol-Requirements tor the Exceptional Filing of


June 30, 2010.

2. The Administrator shall issue an Initial Claim Package upon request,

notwithstanding the request was made after the June 30, 2010 deadline, provided

that:

(a) the claim is sought to be made within one (1) year of the claimant reaching

hislher age of majority;

(b) the Secondarily Infected Person is seeking to claim within three (3) years

from the date the Primarily Infected Person, Primarily Infected

Hemophiliac or the HCV Personal Representative first made a Claim;

(c) the HeV Personal Representative of a deceased HCV Infected Person is

seeking to claim within three (3) years of the HCV Infected Person's date

of death;

(d) the Dependant or Family Member of a deceased HCV Infected Person is

seeking to claim within three (3) years of the HCV Infected Person's date

of death; or

(e) the claim was initially advanced under the Pre-1986!Post-1990 Hepatitis C

Settlement prior to June 30,2010.

{20014'()Ol\OOI75833.DOC.l

3. When issuing the Initial Claim Package to a claimant the Administrator shall

advise the claimant in writing that:

(a) the deadline to deliver the completed Initial Claim Package to the

Administrator is the later of six (6) months or the time remaining to make

application under subparagraphs 2(a) to 2(d) hereof; and

(b) after the expiration of the deadline, the claimant will be required to seek

and obtain an order from the Court having jurisdiction pursuant to the

Transfused HCV Plan or the Hemophiliac HCV Plan if the Claim is to

proceed.


Protocol shall not be determinative of the eligibility of the Claim for

compensation. The Administrator shall process the Claim and determine

eligibility for compensation applying the terms ofthe Settlement Agreement in

light of the Court Approved Protocols and Standard Operating Procedures which

are in place at the time of processing.

5. If, during the processing of the Claim, the Administrator becomes aware of

information which causes it to believe that the timeframes set out in

subparagraphs 2(a) to 2(d) hereof have not been met, the Administrator shall

reject the Claim.

{20014.00I\OOI75833.00c.} MT 16/0511 2

2

6. Where the Administrator rejects a Claim in accordance with paragraph 5, the

Administrator shall:

(c) notify the claimant in writing that the Claim is rejected based on the

failure to satisfy the Administrator that the applicable timeframc in

subparagraphs 2(a) to 2(d) hereof has not been met and indicate the

information 011 which its decision is based; and

(d) advise the claimant that the appeal route at section 10.01 of the relevant

Plan applies.

7. Where the Administrator rejects the Claim in accordance with paragraph 5, the

claimant shall not be estopped from seeking to advance the Claim under any other

Court Approved Protocol or Court order which hereafter issues.

165786

{20014·001 \001 15833.00c. I MT 16/05/12

3

PARSONS et at. vs. THE CANADIAN RED CROSS SOCIETY et at. KREPPNER et al.

Plaintiffs Defendants •

Court File No. 98·CV -\41369 98.cV -146405

ONTARIO SUPERJOR COURT OF JUSTICE

PROCEEDINGS COMMENCED AT TORONTO

ORDER

TOUGH & PODREBARAC LLP Counsel 300 - 166 Pearl Street Toronto, ON M5H 1 L3


SUTIS, STROSBERG LLP Lawyers 600 Westcourt Place 251 Goyeau Street Windsor ON N9A 6V4

HARVEY T. STROSBERG LSUCII: 124600 Tel: 519.561-6216 Fax: 519.561-6203

Lawyers for the Joint Committee

FILE: 44-901-000 REF: HTS/sw

.' t.

THE ATTACHED IS EXHIBIT "F" TO THE AFFIDAVIT


ME THIS 71h DAY OF AUGUST, 2012

. Woltt a commissioner, etc., Margaret LorraIne S u's Strosbefg LLP, Count)' 01 Essex. I?f u .

d SOlicitors. Barristers an 18 2014. EJqlires December ,

COURT APPROVED PROTOCOL Late Claim Requests following

the June 30, 2010 First Claim Deadline

August 2012



June 30, 2010.

2. In the circumstances where the Administrator receives a request for an Initial

Claim Package after the June 30, 2010 first claim deadline from a person who is

unable to qualify to receive an Initial Claim Package and have his or her Claim

processed under any other Court Approved Protocol or existing order, the request

shall be referred to as a "Late Claim Request."

3. Where a Late Claim Request is sought to be made, the Administrator shall request

a signed statement from the person making the Late Claim Request which:

(a) sets out why the person is seeking to make a claim after the first claim

deadline; and

(b) recites the facts he or she is relying upon in seeking to be relieved from

the deadline.

4. The Administrator shall advise the person making the Late Claim Request in

writing that he or she has sixty (60) days to deliver the signed statement to the

Administrator for consideration by the Referee appointed by the Courts to

{200 14-00 1 \00 1 75833.DOC.}

2

consider Late Claim Requests on a summary basis and that, if he or she fails to do

so, he/she will be required to seek an order from the Court having jurisdiction to

determine if his or her Claim will be permitted to proceed.

5. If the person making the Late Claim Request fails to deliver the signed statement

to the Administrator in sixty (60) days, the Administrator shall notify the person

making the Late Claim Request in writing that he/she must seek an order from the

Court having jurisdiction to determine if the Claim will be permitted to proceed.

6. The Administrator shall forthwith deliver each timely signed statement it receives

to the Referee appointed by the Courts to consider Late Claim Requests together

with the Administrator's information setting out the first contact with the person

making the Late Claim Request and any other information it has relevant to the

request.

7. The Referee appointed by the Courts to consider Late Claim Requests on a

summary basis shall determine whether an Initial Claim Package shall issue based

upon the following guidelines:

(a) Late Claim Requests by persons who did not receive timely notice of the

deadline until after it had passed should be allowed if, in the opinion of the

Referee, the Late Claim Request was made within a reasonable time after

notice was acquired;

(b) Late Claims Requests by persons whose failure to meet the deadline was

due to matters that, in the opinion of the Referee, should reasonably be

considered to be beyond their control should be allowed;

(c) Late Claim Requests made by persons who had notice of the deadline

before it expired should be disallowed unless, in the opinion of the

Referee, the timing of the receipt of such notice was inadequate for the

purpose of making a Claim; and

3

(d) any other Late Claim Requests and those where the Referee is uncertain as

to the appropriate application of the above guidelines should be referred

by the Referee in writing to the appropriate Court to be dealt with

summarily.

8. The Referee shall have the power to establish any procedures he or she considers

necessary and proper to consider the Late Claim Request on a summary basis and

shall have the power to require additional submissions from the person making

the Late Claim Request and/or the Administrator either orally or in \\<Titing and

whether admissible in a court of law or not, as he or she considers proper.

9. The Referee shall give a written decision within sixty (60) days of his/her receipt

of the Late Claim Request which decision will be automatically confirmed and be

final and binding unless the person making the Late Claim Request serves and

files a notice of motion with the Court having jurisdiction opposing confirmation

within thirty (30) days of the delivery of the Referee's decision.

10. The provisions of section 10.04 and Appendix C of the Plans shall have no

application to the summary procedure established by this Court Approved

Protocol.

4

11. Where the Referee determines an Initial Claim Package shall issue to a person

making a Late Claim Request, the Administrator shall:

(a) forthwith provide the Initial Claim Package to the person making the Late

Claim Request;

(b) advise the person making the Late Claim Request that he or she has six (6)

months to deliver the completed Initial Claim Package to the

Administrator; and

(c) advise the person making the Late Claim Request that if he or she fails to

meet the six (6) month delivery deadline he or she will be required to seek

an order from the Court having jurisdiction to determine whether the

Claim will be permitted to proceed.

12. If the person making the Late Claim Request fails to deliver the completed Initial

Claim Package to the Administrator in six (6) months, the Administrator shall

notify the person making the Late Claim Request in writing that he/she must seek

an order from the Court having jurisdiction to determine if the Claim will be

permitted to proceed.

5


Protocol and the order of the Referee shall not be determinative of the eligibility

of the person making the Late Claim Request to receive compensation. The

Administrator shall process the Initial Claim Package and determine eligibility for

compensation by applying the terms of the Settlement Agreement in light of the

Court Approved Protocols and Standard Operating Procedures which are in place

under the Plans at the time of processing.

989904

THE ATTACHED IS EXHIBIT "G" TO THE AFFIDAVIT


ME THIS 1h DAY OF AUGUST, 2012

. Woll1 a commiSsioner, etc., Margaret Lorra:ne1or Suns, Strosberg LLP, County 01 £S$e;\, , ..

. ter" a~d SO;lcitors. Barns ., , 014 Expires December 18, 2 •

,

, .. ,

The 1.986-1990 Bepat:IdB C Calms Centre PO BOJt mG, Stathm D oUawa (Ontario) K1P SW5 ToB..fn;Ie: 1877 4J4..Ot44 wwyr..bepc8690·tI

Ottawa, ON

JDly 2. 2010

Dear Sir or M.a.dam.:

Our Refercnco #17164-

You have contacted the 1986-1990 Hepatitis C Claims Centre about making • claim. As we

adviBed. the deadline for making a claim for the first time was June 30. 2010. subject to certain

exceptiODJ.

An applicatioo to the CourtI is required to dctermiDo wbctbc:r late claiml may proceed and. if so.

the process to be followed. In cm:ter to mak:c the appropriate appliaWou to the Courts. the Ioint

Commi..t:ree has asked the Admini~tratDr to collect certain blfocmatioo from cla.imants who seek to

make & claim after JUDe 30. 201Q. Once the Cot.nU have detennined wMthet and how tare cl.a.i.ml

may proceed. you will be advi&ed of the next steps..

Following our telephone conversas:ioo July 2, 2010, we have attached a summary of the

information you have provided P1eaae review tho 5llmmary, complete t..bte appropriate Option and

return this Ieau and, if applica.~. the amended lumnwy to the Centre.

OPTIONl

I certify Uuu the information CD the summary the Cent:rc r"vide4 ).J t:rao ~ /orrecL I am not

providing any (aJse or inaccw:ate infmnation to obtain be:n~ tha}{I anl n~ ~tl~ to receive.

Dar. sigool,Sj -± -2[; ;[ Claim4l1l·"ign..... .

RECEIVED JUL 1 J 2016

."). .. ,;. J1

OP'TION2

The infonna.tioo contained OD the SUJIlDl8l"Y the Centre provided is not ea:rec:t andlor camp1&.

Please make corrections on the a.nacbed summary, a.Dd/or add the additional infarmatiOD below,

then sign below to certify that the amendl:nents and/or additional information are now comet.

I certify thai. the infonnatioo provided as amended by me or added to by nio is !;rue and ~ I

am not,providing any false or inaccurate information to obtain benefib that I am not entitled to

receive.

nate signed, _____ _ Claimant's signI..tme _________ ~_

Please mail back both th1J aclmowledgemeut Jetter and the attaclJed questloDD.&tre to the AdmJ.nlBtrator.

Yoms trnly,

The 1986-1990 HepaLltis CLaims Centre

f<€CEIV£O lUI. 13 2010

The 1986-1990 Hepatitis C Claims Centre PO BO:l 2370, Smtloa D Ottawa (ODtarto) KIP 5W5 ToIl.tree: 1877 434-0944 www,bepd690.g

Otuwa,ON

July 2. 2010

Dear Sir or Madam:

Our Reference 1117164

The following is tbe inf'olma:tioo gathered during our telephone conversatiou on July 2. 2010. As DO(ed in the attached letter, please coufinn whetbe:r Ill' not the information is correct.. If it is not cOl'l'ed, please make any changes OD. thia form and/or.in the indica!ed place on dlc attached letter. and then coofinu the information is correct.

SECTION A - P1IlMAllIL Y-INPBC'l'XD PP.RSON

Date of Birth: 08 I 03 I 1934 I5i) MM YYYY

The date you first learned of your infection with hepatitis C (for e.g. daze of your bepati.tis C test. or when you were advised by your doctor):

I:n 1989, the claimant's doctor sent her to a ga.atrOe.nt«ologiBt due to abnormal testlW was then informed that she was int'ected with Hepatitis c. I·

The d.B.te{s} of yam trIUl.5fusiOll(S):

The claimanl caonot confirm that &be received I blood trlJDSiusion since the microfilms from the

I hospitals are illegible. The claimant did h.a.ve operatiODJ in 1983-1984, but to her .Icnow1edge. ma or ma have Dol :received blood between 1986 and 1990.

When and how 'Von learned about the compensation program:

I Claimant does ootremembet when or how she learned about the compensation program.

RECEIVED JUL 1 3 zom

When and how yoo learned about the June 30. 2010. first claims deadline:

f Claimmt received the notice from. the Ad.min:Utratlx approJtiJnJltdy two months ago. h wu not mailed hack WItil recently since &be feU very ill in the lasttw~o~mnD~~tb~J1.~~ _____ --.J

Wby you made the ~lephooc call after June 30, 20101

I The claimant did not eall after June 3()1i, she mailed back the stub from th& Notice Program i before the claims deadline. but did not submit the Ttm 1.

[

SEcnON B -l>BCEA.SKD PERSON lNFKC11tD WITS BEPA Tn.'IS C

The date tho deceased person fiat Icam~ of b:isJher infection with hepa.li1is C (for e.g. date of the hepatitis C test C1t date doctor gave the diagnosis):

The deceased person's date of birth

The deceased penon's date of death

DD'

DO

DO

Whtn and bow you teamed about thr: June 30, 2010. first claims deadJjne~

Why you,ronde'the telepbone call ait.& June 30. 20101

J

J

I

I MM yyyy

I ~ yyyy

J ""idM" yyyy

',', ' . '# -,}

',) ~, . , .

SxcnON C - R!:.AsoNS FOil THE LATE AYPLICA TION

Your reasona for seeking to file a claim at this ti.rrle:

'I'hc claimant never submitted the Tran 1 to register the claim since rhe microfilms from the hospital were illegiblo and was therefore un.sure if she met the criteria and/or if the claim would be approved.. The claimant also thooght, based on the wording OD the notice, that s.be WI! IlUlking a claim by mailing back the stub from the ootice.

Please maO back: both thls qoestloJUJaire aDd the attadJed acknowledgement letter to the Admlnbtratol'.

YOUB btlly.

The 1986-1990 Hepatitis Claim.s Centre

RECEIVED JUL 13 ZOlB

?4'f3f4

The 1986-1990 Bepatids C 0.aIms Centre PO Dos 23m, Station D Ottawa (Ontarlo) KlP.5W! Toll-free: 1877 434-0944 www.hepe8§?O.q

,,'

Woodstock (New Brunswick)

July 20,2010

Dear: Madam:

Our Refen:.ncc #3354

The following a the infotmatioo gathered during our telephooe cooversatioo OIl July 20, 2010. As noted in the auac:bed letter. please conflml whether or DOt the information is correct Ii it is not correct, please ~ any changes on this form aodIor in the indicated place on the at:W:bed letter, and then confirm the infCJllDAtion is correct.

Dam of Birth: OS I 10 I 1954 l)i) ~ yyyy

The date you first learned of. yoor infection with hepatitis C (for e.g. date of your bepatitis C test. or when you were advised by yoor doctor):

I -'It Will Deeember 16, 1998.

The de.te(s) of your transfusion(s):

L-~~_1989._._ .. _______ _

When IUld how you learned about the compensation program:

• I learned about the progrun in 1998 when my doctor notified me that I was entitled to s&boo.

When and how you learned about. the June 30, 2010. fU"'St cLa.ima deadline:

- A law firm that used to repre&alt Jru'l submitted infOlll:Wioo. about this deadlioe to myoId address and 1 received this information I.ut week when it was redirecttd to ID.e.

Why you made the telephone call after June 30.20101

i-I only received Doti.fic:atioo. of the deadline last week. Also. I wanted my mental beallh suppoo i workr.t to bel me with the cl' however I wu able to an . t with her toda .

The date the deceased penon tint. learned of hislber infection with bepa.titis C (for e.g. date of the bepat:itiJ C teat or date doctor gave the diagnosis):

The deceased ptnOD's date ofbinh

The deceased person's da.te of death

When and bow you learned about the compensation program:

()[)

PO

PO

When!l1ld how you le.art1ied about the rime 30. 2010, first claims deadline:

I

I

I

I MM yyyy

J MM" yyyy

I Mit yyyy

• ~f\> ,B~ f/e/ t q i tl6 IkJI /'1Jj./A nAtei. ~re Why you made the telephone call after June 30. 20101 BY M'/ <? d/vS . r A R. 7' f.e.1(, 11k<~o<'')Q ;[(Jr-t I;';l(iThL Ta C~tP6~/l-7/o;v ,phe.

1c; TAII'i7t:'P 8l~dP TH R. 0<' f1 {3 L (10/J r t1( r, /II c:;. r do Ii'"

((;c.. .... C,1 V c.U AUil 1 0 ZOlO

S&CI'ION C - R.ItA.soNs FOR nm LAn Al'PUCA noN

Your reaaons for seeking to file a claim 11 thia ti:J:De.:

• I believe tiw 1 am entitled compeDAtioa. becalllle I received tainted blood. Alao. now that l i

have stabilh.ed self. I feci that I more ble of makin a claim II this time.

Please maU bed both this questiOll.D8in and the attacbed acbowledgemat letter to the AdmJ.n!strator.

Yours lJ'UIy,

The 1986-1990 Hepatitis CWms Centro

r~~--tkk On~~ fM.~ ~ p~ urtl ~. ~~4- JM~ ~~#~ '7r~ tfJJi-~ ~ ;Ptf/{)

RECEIVED AUG 102010 997129

..

;~ !fI

Le Cenu. des ridamadooJ reladves a I'h'patlte C (1986--1990) COP. 2370, sw:eursale D Ouawa (Ontario) KIP SW5 &ms-fraJa: 1 817 4J4..0944 www.bep£8690.ca

Le 9 juillet 2010

CMre macIa:roc,

N. Ref: N" 7S6()

Vous avez commW'lique avec Ie Centre des IielamatiOOJl relatives l l'bq,ante C (1986-1990)

coocernarit;.la pr6senwion d'une demande d'indenmisatioD. Tel que 00111 vons J'avoos mentionne.

la date limite pour presentee W1fl reclamation pour Ja premihe fois ewt Ie 30 juin 2010. SOWI

reserve de c:enUnca eJU:eptions ..

n faut pr6senter uno demande 1la Cour pour 6tablir si une derna.nde en retard peut &re reyue et si

oui. comment proctder par 1a. suite. Afin de presenter une teUe demande Ala Cour, Ie Comit6

conjoint a demand6 A I' Administrateur de recueillir certains renseignetIV:mts auprea des

reclamants qui d6sirent JXCacnter une reclamation apes Je 30 juin 2010. Lonque les tribunaux

auront tranche sur l'admasibiliaS de tolLe.s reclamations. voua recevrez un avis au sujet des etapt&

subs&Iuentea.

Suite a. notre CQDversation tilq,honlque· du 3 septembre 2010. nous avans joint un sommaire del

renseignements que vous avez foumis. VcuUlez examiner le satnrna.ire., remplir It.s OpOOH

appr0pri6zs ct retourner cette lettre et, s' il y a I ieu, Ie som:maire roodifi~. au Centre.

RECEIVEO OCT a 72010

omONt

J'atte5te qoc les rc:nseigoemenfA indus dans Ie som.maire fOW'11i par Ie Centre 60Dt v61diques et

exacts. Ie DC tnmsmets aucun renseignement fallX ou ineJCaCt pour obtenir une indeomisatioo 1

o.q .. u. j ..... i. p .. ~ :1. 0 / ,j

Date de signature ., (J Signature du rkJamantJde la reclamante I J '

OPTION 2

Les renseignements ~ dans Ie soll'lJ'lUire fourni par Ie Cmtre ne sont pu elt8CtS et ou

comp1eCI.

Veuillcz apport« les corrections da.n.s Ie samma.ire ci-joint et ajouter lea renseignemcuts

supp16ment:B.Jre$ ci-dessous, puis signer c:i-dessous pour attester que lea modifications eJ./ou le.s

reMtrignenv::nta suppltmenta.irel sont main.r.en.ant exacts.

ex.acu. Je De transmeta auc:un renseignement faux ou inexact pour obu:nir une indenmiaadon 1

laquelle je ne suis pas admissible.

Veu.tDa poster cette Jettre (aectJ8li de reception) et Ie formuJaJre Joint. I' Admhtlstrateur.

VeuiUez a.gr6er I'cxpression de no& sentiments lea plWi sinceres.

Le Centre de& r6:1amatioos rel.a1ives ~ t'hepaute C (1986-1990)

RECErVED OCT 0 "72010

Le Centre des ridamatioDl rdaUves • l'b4patlUl C (1986-l99O) c.P.1370, soceanale D Ottawa (Ontario) KIP 5W5 SuI-lraIs: 1 tr77 434-0944 l!W!!.hepe8§90.q

te 9 juillet 2010

Chere madlU'lle,

N.R6f: N° 7500

I.a renseignementa qui swvcnl 001 ~ rec:ueilJ.is au COW'S de notre coovenation ~lephonique du 3 septemlxe 2010. Tel que note dans la lettte ci-jointe. veuiJlez conflJ"lllll".t' si lea renseignenv:nta SOIlt exacts ou non. Si les renseipmenta DC sont pu eucrJ. veui1lez apporter tout changemcot Sill' Ie present fonnula.ire etJou Al1X endroits indiqu~ d.ariJ la Iettre ci-jointe, puis con11n::oer que lea rerueign.ementa sont exacts.

RECEIVED OCT 0 7201Q

,:~ .. 7

)

Quand ct comment valli avez appris que Ie 30 juin 2010 ~tait IA date limite deJ1 ~ recLa.matioos :

- fai ~ une lettre qui m'a inf~ que la daCe limite du 30 juin, rai seu1ement ~ cette lettre Ie 30 'uin, 2010.

Raisons pour lesque.llea VOU! avez. teMphone apres Ie 30 juin 20 10 :

• J'ai seu.lement pris connaisu.nce de la due limite lpnque fai ~ une leUro Ie 30 juin WlG, alors Ie 'our !ll8mc de la date limite,

SECTION B - PDSONNJt DiciD1a!: IN.JI'ECTEJr. PAR L''Hi.PATITE C

Date llaquelle 11 penonnc d6c6d6c a appris pour la premiere fai' qu'elle &it infeeree par Ie virus do l'Mpadte C (par exemple.la date de SOIl test de d6tect:Wn de 1'Mpatlte C au la date OU Ie ~ a diagnostique son bepatitA!l C):

La date de naissa.oce de la perso.t:me ~ :

La date de ~a de la pel'IlOltIle d6c::edee :

R.aiSOfll pour lesque.l1e.s VOUI avez tel6phone apiU Ie 30 join 2010 : ~ ,>" 4

I I -1J- MW AAAA

I I JJ MM AAAA

I I -u- MM AA.AA

RECEIVED OCT 0 7 2010

,:lit. \ .

. ~ ...•. ' ';I

SEcTION C -llAlSONS poua LA DEMAND! 1tN UTARD

V 98 ralJons pour avoir preaen~ unt demande mainteTW\t :

I ~ Tai I'eljU uno Iettre Ie 30 jWQ 2010, done Ie meme jour que la dale limite.

VeuiJlez adresIer par la poste Ie present fonoulaln et la lettre (accuse de reaptlOl1) djolnte a I' AdnJlDlstrateur.

Veuillez ~ ('expression de nos sentimenll distingues.

I.e Centre des reclamationa relatives a l'Mpatite C

"

RECEIVED OCT Q 7 2010 997127

The 1986-1990 Hepatltls C CJalms Ce.ntn PO Box 237~ Station D oua ..... (Ontario) KIP SWS Toll-free; 1 877 4J4.{)944 www.bsRC8§90.ca

Saint John (New-Brunswick)

November 22" 2010

Dear Sir:

Our R.eferetlCo #9072

You have contacted the 1986-1990 Hepatitis C C1.a.ims Centre about making a claim.. As. we

advised, tlre deadline for making a. claim for the first time was June JO, 2010, subjt:d to certain

exceptions.

An application to the CourlJ is required to determine whether late claims may proceed and, jf so.

the process to be followed. In order to make the appropriate application to the Courts, lbe Joint

Committee bas asked the Administrator to collect certain information from claimants who seek to

make a claim after June 30, 2010. Once the Courts have determined wbetbec and bow late claims

may proceed. you will be advised of the next stepa..

Pollowing out telephone conversation November 22,2010. we have attached a summary of the

information you have provided. Please review lbe summary, complete the appropriale Option and

return this letter and, if applicable.. the amended summary to the Centre.

OPTION!

I certify that the infonnaJioo on the summary the ~ntre provided i4 true and comlCt. I am not

providing any fake or inaccurate infamatioo to obtain benefila that I am not efltitled to receive.

D . . A L A --, "r '" -rrh ~r::.. . ate S1gIl~r a.o \.,.lAllllAut S Slgna.tme

OPTION!

1"he information contained OIl the summary the Centre provided is not correc:t and/or complet&.

Please make corrections on the allached summary. and/or add the additiooal information below,

then sign below to certify that the I1IJleJldrnalrs and/or additional information are DOW comet.

I certify that the information provided as amended by me or added to by me is true and cOlTect. (

am not providing any false or inaccurate information to obtain benefitl that I am not entitled to

receive.

C1a.i.mant's signatu:rc

Please mail bade: both this ackDo"lMgement let1u and the attached questJonaalre to the Admlnistrator.

Y~trulYI

The 1986-1990 Hepatitis Claims Centre

·J\ '-:I

.~.:.!7

The 1'86-1990 HepaUtil C ClaIms Centre PO BOl[ 1370, Station D Ottawa (Ontario) K.lP SWS Toll-free.: 1 877 434-0944 WW'W.be0c8690.ca .

Saim John (New-Brunswick)

Novern.btt 22. 2010

Dear Sir.

Our Reference #9fI72

The following is t11e infonnation gathered during our telepbooe convena.tion OD November 2'2, 2010. As noted in the ar.tAcbed tette:'. please CODflJDl whether or not the ;information is correct. If it is- not con-ect,please mal<.e any changes on this fonn and/or in the indicattd place on the attached letter, and theD confirm the information is correct.

SU(""TION A • PDlMARn.Y-INFRCTm l'ERSON

Date of Birth: 13 I 10 I 1967 Oi) Mi( yyyy

The date you first leamed of your infection with hepatitis C (for e.g. date of your hepatitis C test, or wnen you were advlaed by your doctor):

I In the late 19801. '''V1J.1 ~ . ~~~J I~S~{

The date(s) of YOM transfusion(s): I" V,.cr\. ')61''' -, 1q::::z ()

[lhlUfa:b-wfusion during a splenectomy in the late 1980s.~tz? ------=:J

When and how you learned about the compensation program; •

Approximately in 1001 when I received a letter notifying me of a clqsa action suit. I called this C1..a.ims Centre in 2001 to receive a acka

RFr.FI\/Fn nl="r 1 1\ ?fl1fl

When and how you tearn.ed about the IuntJ 30. 2010, first claims deadline:

I received It letter from the Claims Centre notifying me of this deadline in April or May uno. I retmDed tho slip at the. bottom of the lette: prior to the deadline with a request to be called by the

• Claims Centre,

Why you made the telephone call after June 30, 20107

I sent bac.k the slip at the bottom of the letter I h.a.d received from the Oairns Centre in April or May 2010. I received a callback before the ~l.ice 00 1une 21,2010 but 1 was not home and a mesaage was left for me to call back. I received another call from someone at the Claima Centre on June 28, however I WQ bus~ the t:i.tJ:x, and I had requested to be called back at another time but I was never called back. - f ~ e

SECTION B - DECBASJID J".DSON lNnCT.ED WITH BEPA TIT1S C

Tho date the deceased person first learned of bial.ber infection with hepatitis C (for e,g. date of the hepatitis C test or date doctor gave the diagnosis):

The deces sed person's date of birth

Thodeceuedpen01l',daleofdoa<h /l/.ft When and how you learned about the co . n program:

"

-00

Oil

00

When and how you l.earned about the June 30. 2010, first claims deadline:

Why you made the telephone wi after June 30. 20l0?

Mi.t yyyy

I I Mf,.1 yyyy

I MM" yyyy

i ~ ~

-IC>o~ .(;lr- fVt.. fVtbetr- cvrl4e4, ;y- ;" ~L ~"",(;;r1et1.s ~

~Jh.-5~ !V"r--~ ~ 1/6-J.'1 .v-dT],ar ?/J;yf1 ~e- h4Cfrv

~)!hU

)

SEcnON C - R:J!:A..soNS FOR 'I'BE LA TK APPUCA noN

Your re.L9OIlS for seeking to file I. claim at this tim=:

Please mall back both thb quttitlonnaire and the attached aclmowledgemeut letter to the Ad.mtnllt:rator.

Yours trulY.

The 1986-1990 Htpatitis Claims Centre

RECEIVED DEC 1 5lG 997126

'"

"

The 1986--1990 Hepatltls C CJ.abns Centre . PO Box 2370, Station D Ottawa (Ontario) IUP SWS ToU-me: 1 m 434-0944 www.hepc8690.ca

Nanaimo. Be

Ma.tcb 18.2011

Dear Sir:

Our Reference #'12934

You ha.ve contacted the 1986-1990 Hepatitis C Claims Centre about making a claim As we

advised.. the deadline for making a claim for the first O!I"le was Iune 30. 2010, subject to certain

exceptions.

An application to the Courts is required to determine whether late claims may proceed and, if so,

the process to be followed, In order to make the appropriate application to the Courts, the Joint

Committee has asked the Administntor CO collect certain information from cllli:autnts who seek to

IIlll.ice a claim after June 30, 2010. DDCe the Courts have determ.ined wbet.her and how hue cla.ims

may proceed, you will be advi$ed of the neJl;t steps.

Following our telephone conversation Marcb 18. 2011, we have attached a summary of the

information you have providbJ. Please review the S\1lIllIl8.l"Y, complete the appropriate Option and

return this letter and, if applicable, the amended summary to the Centre.

R.ECEIVED A~·O·S ~on

"~ .:P

OPTION! I certify that the information on the surm:na.ry the Centre provided is true and correct. I am not

providing any false or inaccurate information to obtain benefits that I am not entitled to receive.

Date~gocd~( Oaimant' •• i_.

OPTION 2

The information contained on !be summary the Centre provided is not correct and/or complete.

Please ma..k:e corrections on the attached summary. andlor add the adcJjtional information below,

then sign below to certify that the ame.nd.ments and/or additional information are now correct.

I /

I certify that the informatioo provided as a.tnended by me or added to by me is true and comet. I

am not providing any false or i.n.a.ccUI1lte information to obtain benefits that. I am not entitled to

receive.

Claimant's signature

Please pWJ back both lh1s acknowledgement letter and the attached questionnaire to the Admlnistraklr.

Yours ~Y.


RECEIVED APR 0 8 2QU

The 1986-1990 &patitia C ClaIms Centre PO Bow; 2370, Station D Ottawa (Ontario) lOP SWS ToO·tree: 1 877 434-0944 wwwJ"eoeti90.gJ

Nanaimo. Be

March 18,2011

Dear Madam:

Our Reference #12934

The following is the information gathered during our telepbone conversation on Marcb 18, 2011. As noted in the attached leiter, please confirm whether or not the information is correct If it is not correct, please mike any changes on this form andlor in the indicated place on the a.ctacbed letter. and tben confirm tbe information is correct.

S'ECTION A - PR.IM.A.RILY·INFECTIID PERSON

Date of Birth: 15 I 02 I 1979 DO '"'M);{ yyyy

The date you first learned of yom i~tion with hepatitis C (for e.g. date of your hepatitis C test, or when you were advised by your doctor):

1 When my child was born in 2000

The date(s) of your transfusion(s):

When and how you leamed about th~ compensation program:

12002-2003 ]

AECEJVED APR· 0 8 ?Oil'

(~ MI

When and how you learned about the June 30, 2010, first claims deadline:

I This week when surfing on the computer this week

Why you made the telephone call after June 30,20101

I Just learned this week about the deadline

SEcnON B - DECEASED PERSON lNFECl'ED WITH REP!.. TITIS C

The date the deceased person first leamed of hislher infection with hepatitis C (for e.g. date of the hepatitis C test or date doctor gave the diagnosis): 00-

The deceased person's date of birth DO

The deceased person's date of death DO

Wheo and how you learned about the compensation program;

Wheo and how you learned about the June 30, 2010, first claims deadline:

Wby you made the telephone call after June 30, 20107

I I Mid yyyy

I I -=MM yyyy

I I "MM" VYYY

SECTION C - REASON'S FOR. TIm LA TK A.PPLICA nON

Your reasons for seelcing to file a claim at this time:

I I received forms in the past and lost tbem due to moving

P!ease mall back both this questionnaire and the att.a.ched acknowledgement letter to the Administrator.

Yours truly.


R.ECEWtD m 0 8 2~~~ 997125

The 1986-l99O He:patitiJ C ~ Centre PO BoI 2370, StatiOD D Ouawa (Ootarlo) K.lP SWS TolJ..hee: 1 877 ~ wwwJwM;869Q.C!

Edmonton. AD

November 3.2010

Dear Sir or Madam:


'!'be following is the information gathered dUring our telephone conversation on November 3, 2010. As noted in the atta<:bed letter. please confum wbethec or DOt the information is correct If it is not correct, please maIci: any cbanges on Ihls form and/or in the indicated pbce on the a.ttached letter, and tben coofum the information is correct.

SEcrION A - PRlMAlUL Y-lNFECTII) PERSON

Date of Birth: I I

The date you first l.eatncd of your infcction with hepatitis C (for e.g. date of your hepatitis C test. or wben you wete advised by your doctor): .

The date(s) of your transt'usiOD(S):

When and bow you learned about the compensation program:

'I~------------~--------------------------------~

·.~

f~ .• . 'lJ'

) .... . , 'f,

Wbenand how you learned abo'01 the June 30, 2010, fust claims dea.d1ine:

Why you made the telephone call atmr rune 30,20101

SECTION B - DEcEASJID PUSON JNFBCrlID wrra: HKPA TlTIS C

The date the deceased pel1lOD first learned of hisJher infection with hepatitis C (for e.g. date of the hepatitis C test or date doctor gave the diagnosis):

The deceased penon's date of birth

The decea.'led person's date of death

When and bow yo~ learned about the compensation program.:

24 107 I \2001 I5i) MM YYVY

08 I 04 I 1919 ----oc> MM YYYY

03 I 09 / 2005 ---00- MM YYYY

Public Trustee's Office review. potential Hepatitis C compensation f e

When and how you leamed about the June 3D, 2010, first claims deadliBe:

PUblic·Trustee s 0 ice 2010 with respect to the estate upon contacting

August 2010

Why you made the telephooc call after June 30, 2010'1

To seek admission after the first claim's deadline in the 86-90 Program

b r: (' I=I\} en nl="r 0 1 ?01()

SEcrION C - Rl!:AsONS FOll TIlE LA TB APPLICA nON

Y 0Ul" re.asons for seekiog to me a claim at this time:

The Public Trustee's Office was only able to confirm that . suf red from Hepatitis C upon rece1vfng his test results from the Alberta Provin 1al Laboratory OR October 12. ,2010. Prior to that time, the only informati0 fv,a;lable indicated a' blood transfusion in 1989 without proof of Hepatiti C.

\' ~. :., " has no next of kin in contact wfth the PuIH1c Trustee's affic and no executor nor re resentative. other than the Public Trustee' f

. ,

PJeasemail bade: both thJa que:stiomlaire and the attadltd admowledpmmt letter to the AdmlJ:dstrator.

Yours truly.


Pl=(;FIVFO DEC Q 3 20;0

"J KOLTHAMMER BATCHELOR & LAIDLAW LLP LAWYERS • NOTARIES • MEDIATORS

tAWRENCB R.. CUNNJN()itAM·

DAVID W. BAl'CffELOI.· (ALSOOfN.W.T . .t;l'MU.WT9A1.S')·

C. KJ!N'NB'I'H W. KDt.l'HAMMER-

8RJAN 1. I.AIOtAW·+

YOUlt flU!:

OUR I'tI.S: 31,661-50 BJL

The 1986~ 1990 Hepatitis C Claims Centre PO Box 2370, Station 0 Ottawa, ON K1 P 5W5

Dear Sir or Madam:

RE: D.O.B.: April 8, 1919 D.O.D.: S.ptember 3, 2005 Your Referenc,; 1982Q

#208,11062 - 156 S'1'RSBT EDMONTON. Al.BBRIA

TSP4M8

TELIPHONEI 780-4D-5003

'FAX: 780-486-2107

November 30, 2010

Further to your letter of November 3, 2010, we enclose the completed questionnaire with respect to this Estate claim. .

Yours truly,

."

PER: '8

BJUct! Enclosure

C.O.: Tina Dupuis, OffIce of the Public Trustee

997123 nrnrl\I,n nrr- 1\ 'l ')1\11\

',')'.,,', ;\..!

.~,'

The 19~1990 Hepatiti.! C Oalma Centre PO Box 2310, Station D ' Ottawa (Ontario) KIP SWS ToIl-free: 1 877434-0944 www!beo~620.CA

'Calgary AB

Februaxy 9, 2011

Dear Madam:


You have contacted the 1986-1990 Hepatitis C Claims Centre a.bout 1.llaking a. claim. As we

advised, the deadliDe for maJci.ng a claim for the first time was June 30, 2010, subject to certain

exceptions.

An application to the Courts is required to determine whether late claims may proceed and., if so,

the process to be fonowed. In order to make the appropriate application to the Courts, the Joint

Committee J;w asked the Administrator to coUect certain information from cla.imants who seek to

make a claim after lune 30, 2010. Once the Courts have detennined whether and bow late claims

may proceed, you will be advised of the next steps.

Following our telephone conversation February 9, 2011, we have aJta.cbed 8 summa.ry of the

information you have provided. Please review the S1Jllllll.8.r'Y. complete the appropriate Option and

return !:his letter and, if applicable. the amended summary to the Centre.

RECEIVED !-1AH 0 3 20a

"

OPTION!

r certify that the information on the 5UDlIl1A1"Y the Contre provided is true and correct. I am not

providing 3.Ily false or inaccurate infonnation to obtain benefits that I am not entitled to receive.

OPTION 2

The information contain~ on the summary the Centre provided is not correct andJor complete.

~M\"riO(,\o.\ \f\~O. Please l'l1.Ilke corrections on the attached summary, and/or add the additional information betel'?',

then sign below to certify that the amen~ts and/or additioo.al information are now correct.

O~ ~ ~ YcpC; • ~Q'1. $Llte \\- "')OS in \99\ or &bxlr~ oR~ ..

~~ T~GOO - :S~\'f o"'~} ~'l'OJ (Chi\6 ~l.s:kb'l \N~ g.. 'Aow ~Q\l. \~ drn n ~c;::{'). - ~ c\ru'~r \cdhonee\ cne...

~:~r:;~~~=;::t~~~ : ~ D:\\f ~A \f\o\n: \Imide ArrideCl .... •

)

\N~'i CJ.1},\,~ o~ 6eP&,\n2.". n,A ccn-Ycor..) q'<a t\: Ceod",·cp. l"\\j\ '&!Q,o.o\\

w're.n ~ I\-OO \c¢e~ \ 4\0. nc.\:' \~ (UJ?, 'VOCJC tc ;h.i:S as -:x:. \o.UO..~ \f"\ Q.r\a. o~ 0£- resp\w:::- ~\o occiOeOt: &'uuia \~~ill-{.

e-\-\\\ '5~en~ ~'f"('\ ttru.{\ ,~~ ~ 'f'Y'\~ ~~ \s '~~crJ'\n: -+0 ~\e. ~'"" ~ ~'ra..\~.*S~ COC\\O.c..~_ed ~ \\~ C C-\ alfYlS . ...J

I certify t1i.at the inform.ation'proV1ded as amen'Oed by me or added to by me IS true and correct. I ~.

am not providing any false or inaccurate information to obtain benefits that I am not entitled to

receive.

Date signed :reb a..:s J aO' \ Claimant's signa.t:u:rt-

. ~:j-"~ RT~ --.,; Please mall back both this ackDowledgeme etter and the aliedAUe'JtIO~e to the Admin.i.stntOT. .

Yours truly,


nlCEiVtu l··!hR 0 3 2~~t

The 1986--1990 Hepatitit C Claims CeDtre PO Box 2370. StadOD D Ottawa (Ontario) KlP SW5 Ton-tree: 1 871 434-0944 www.bepc8690.ea

Calgary AB

February 9, 20ll

Dear Madam:

Our Refeteoce #19930

The following is the information gathered during our telephone conversatioo on February 9, 2011. As noted in the a.tt.ached letter, please confirm whether or not the information is correct. If it is not correct, please ll18.la: any changes on this form and/or in the indicated place on the attached letter, and then confinn the information is correct

SECTION A - PlUMARlLY-J.Nl!ECTED PERSON

Date of Birth: 26 I 01 I 1962 DO MM' VYYY

The date you fust learned of your infection with bepatitis C (for e.g. date of your hepatitis C test, or when you were advised by your doctot):

The date(s) of your transfusion(s):

'11987

When and how you learned about the compensation program:

1 Claimant had an accident with brain injury and had other important issues to deal with. : I

RECEiVED ~ 0 3 20U

," ,

.1t\. :rg When and bow you learned aoout the June 30, 2010, first c1.a.imB deadline:

I While suffing on Website for phone number, I found out about the dealine.

Why you made the telephone call after June 30, 20101

[YVhile suffing on Website for pbone number, I found out about the dealine.

SECTION B - DECEASED PERSON INFECTED WITH HUA1TI1S C

as The date the deceased per.;oD first learned ofbislher infectioo with bepatitis C (foT e.g. date aftbe hepatitis C test or date doctor gave the diagnosis): Oi)

The deceased person's date ofbirth DO

The deceased persoo's date of death I5D

When and how you learned about the compensation program:

When and how you learned about the June 30, 2010. fiI'St claims deadline:

Why you made the teJephone call after IUfle 3D, 20101

J J ~ yyyy

I I MM yyyy

I I MM YYYV

RECEIVED MAR 0 j 2011

'" I, ",',',' , 'M

• '>~

SECIlON C-REAsoNS FOR THE LATE APPLiCATION

Your reasons for seeking to file a claim at this time:

I HAd illIPOrtant issues to deal with regarding the accident and brain injllrY.

Plea!email back both thi. questiODUaire and the at:tacbed acICDowledgemeut letter to the ~tor.

Yours truly.

The 1986-1990 Hepatitis Claims (A)tre

RECEIV ED MAR 0 3 20U 997122

BETWEE N:

BETWE E N:

Court file # 98-CV-141369


Dianna Louise Parsons, Michael Herbert Cruickshandsk, David Tull, Martin Henry Griffen, Anna Kardish

Elsie Kotyk, Executrix of the Estate of Harry Kotyk. deceased and Elsie Kotyk, personally

and

The Canadian Red Cross Society, Her Majesty the Queen in right of Ontario

and The Attorney General of Canada

Proceeding under the Class Proceedings Act 1992

Plaintiffs

Defendants

Court File No. 98-CV-146405 .

James Kreppner, Barry Isaac, Norman Landry as Executor of the Estate of the late Serge Landry,

Peter Felsing, Donald Milligan, Allan Gruhlke. Jim Love and Pauline Fournier

as Executrix of the Estate of the late Pierre Fournier

and

The Canadian Red Cross Society, The Attorney General of Canada and

Her Majesty The Queen In Right of Ontario

Proceeding under the Class Proceedings Act 1992

AFFIDAVIT

Plaintiffs

Defendants

I, RICHARD BORDER. FlA. FCIA, of Eckler Ltd., located at 980 - 475 West Georgia Street,

Vancouver, BC, Canada, V6S 4M9, SWEAR (OR AFFIRM) THAT:

1. I am a Principal and Shareholder of Eckler Ltd. ("Eckler") involved in the preparation

of an actuarial report pertaining to the fund sufficiency review under the 1986 - 1990

Hepatitis C setUement agreement triggered at December 31,2010.

(20014-001100295543.1 )

2. The Joint Committee has asked Eckler to review the calculation of assets and

liabilities as well as required capital as discussed in our report Actuarial Report to the Joint

Committee Assessing the Financial Sufficiency of the 1986 - 1990 Hepatitis C Trust as at

December 31, 2010 (the "2010 Financial Sufficiency Report") for the following Issues:

(a) excess HCV death causation, which is described as excess HCV mortality in

the report of Morneau Shepell entitled Actuarial Report Assessing the

Financial Sufficiency of the 1986 - 1990 HepatitiS C Trust Fund as at 31

December 2010;

(b) the projections for the costs of late claims divided into three Court Approved

Protocols ("CAPs").

3. With regard to excess HCV death causation, this issue arises because claimants

may be compensated for HCV-related deaths at a greater rate than provided for in the

medical model on which Eckler relied in preparation of the report noted above (the medical

model only provides for HCV-related deaths at disease level 6, while claimants have been

compensated at lower disease levels). In order to assess the appropriate allowance to be

made for this issue, we have reviewed data from the administrator that shows the rate at

which claimants have historically been compensated for HCV-related deaths at each

disease level. We have developed rates of future compensation for each disease level that

are similar to the observed rates. with appropriate adjustments for trends in the rate over

time, as shown in Exhibit "Aft. Using these assumed rates of HCV-related deaths, we have

calculated the additional liability using the same basis and methods as used in our 2010

Financial SuffiCiency Report.

4. With regard to the Late Claim CAPs, our 2010 Financial Sufficiency Report included

an allowance for all late claims (at that time they were not divided into the categories

delineated by the current three CAPs) of $26,100,000. We have re-calculated the total

liabilities for late claims divided into the three CAPs, based on new information pertaining to

the number of late claims that have come forward since that report was prepared and those

who are projected by the Joint Committee to come fOlWard in the future. The calculation

uses the basis and methods outlined in our 201 0 Financial SuffiCiency Report and allows for

additional excess HCV death causation as discussed in paragraph 3 on these late claims,

{20014-001100295543.1}

-3-

5. The assumptions pertaining to persons who have and will come forward under the

three CAPs are as follows:

(a) to April 2012 there were 62 late claims requests which will fall under the

Recent Diagnosis CAP (Cap 1 );

(b) to April 2012 there are 13 late claims requests which will faU under the Claims

Package CAP (Cap 2); and

(c) to April 2012 there are 94 late claims requests which will fall under the Late

Claims Requests CAP (Cap 3);

(d) from April 2012 to June 2016 there will be 6 late claims requests per month

under each CAP in the same ratios as above;

(e) from 2017 to 2026 there would be 3 late claims per year divided by 82.7% to

the Recent Diagnosis CAP and 17.3% to the Initial Claims Package CAP; and

(f) the denial rate will be 33%.

6. Attached as Exhibit "A" to this Affidavit is a summary chart which sets out Eckler's

actuarial opinion as to the revised calculations of assets, liabilities and required capital

taking into account excess HCV-death causation and each of the three Late Claims CAPs.

This work has been carried out in accordance with accepted actuarial practice in Canada.

7. In addition, Eckler was asked to opine as to the effect of these CAPs if a 43% denial

rate is the go-forward experience on late claims. The liabilities of the late claims reduces

from $89.8 million to $73.2 million, divided as follows between the three CAPs:

(a) CAP 1:

(b) CAP 2:

(c) CAP 3:

$28.9 million

$ 6.1 million

$38.2 million

8. I was asked by Kathryn Podrebarac of the Joint Committee my opinion as to the

effect of the Late Claims Requests CAP on financial sufficiency. especially the interests

of Class Members who had already applied andlor are covered under the first two late

{20014-001100295543.1}

- 4 -

claims CAPs. Attached as Exhibit "B" is a copy of correspondence between myself and

the Joint Committee in this regard.

SWORN (OR AFFIRMED) BEFORE ME at Vancouver, British Columbia. on q IAugl?pOl~.

SHARON D. MATTHEWS BARRISTER & SOLICITOR 855 Homer Streel, 4th Floor Vancouvor, BC, ves 2W5

Tel: 604·689·7555 Fax: 604-689-7554

{2001.1·00J!G0295543.11

RICHARD BORDER

! 1986-1990 Hepatitis C Trust Fund

Summary of Impact of Late Claims and Excess HCV Death Causation $m

2010 val With Excess

Without

report HCV Death

Caps Add Cap 1 Add Cap 2 Add Cap 3

Causation

Assets 1,177,262 1,177,262 1,177,262 1,177,262 1,177,262 1,177,262

Cap 1 35,300 35,300 35,300

Cap 2 7,400 7,400

Cap 3 47,100

Total Caps 26,100 26,100 35,300 42,700 89,800

Balance of Liability 899,477 899,477 899,477 899,477 899,477 899,477

Excess HCV DCJth CJusatiol1

Cap 1 3,800 3,800 3,800

Cap 2 800 800

Cap 3 5,100

Balance 88,520 88,520 88,520

Total Execs!> HCV Death

Causation . 91,320 88,520 92,320 93,120 98,220

Total LIabilitIes 925,577 1,016,897 987,997 1,027,097 1,035,297 1,087,497

Excess of Assets over liabilities 251,685 160,365 189,265 150,165 141,965 89,765

ReqUired Capital 155,700 155,700 155,700 155,700 155,700 155,700 Cap impact 3,4(JO 1,200 2,200 8,300

Required Capital Excess HCV

[)eilth Causation 3,800 3,800 3,800 3,800 3,800 Cap impact 400 100 200 900

Excess Capital 95,985 865 33,565 -10,635 ·19,935 78,935

Excess HCV Death Causation

level 1 level 2 Level 3 level 4 LevelS I Level 6 Total Assumptions 0% 10% as'X) SO'K,

~ 80%

liabilities . 3,808 27,'138 18,180 29,1 12,72S 91,320

8/2/2012

From: Sent: To: Cc:

Subject:

Kathryn

Richard Border .: rbo~dcr@fCk;er ca:>

Wednesd"j. June 27, 2012 719 A\l Kathryn Podrebarac J J. Carnp; Sharon D. MaHhe';Js: hpe\erSOI1@S\IO'Jbl'f(]co.(om; harvey@slIOSOe!gco.com; hlartine Trudeau; ms'i-;>s(lVOnitlcHnl11: V.Jcndy Hilflf',on

RE Hep C 86-90 C<Jrdica:ion from our cOlli!"1 enre Cl!l of June I, 2012

In the narrow sense of till' qut'stion, you arc correct that I SJid thelt addinp, Cap 3 incrNses the financial risk of the

current claimants, in that doing so dilutes the existing assets to some degree, I.e. Uw sanH! pool of assets allocated to a

larger group repre:;ents i1 dilution of the interests of the currellt 5m,111er group.

There is, however, il bro,Hj(lf il!;pect to this question thall believe leads 10 a different cOIH:lu!>ioll than the narrow

statement "bove would ~llggesL If claimants in Cap 3 WE'rP originally cOl1si\lC'red part of HII: ~,ettlernent at the time it WilS negotiated, <1nd 1 UI1{j(,rstilnd that they were, then aliowing them in now doC's nol rcpreSl'nt a dilution of the current

claimants inlerests, it merely restores them to a level that Wil5 originally IlCf;otiilted, Oil the other hand, keeping Cap 3

Ollt advanl<lges the current ciainlilllb in a way that WilS not origirmlly intended. Ttw fund .. Ihat would have been set aside for CilP 3 claimants h;l<l they come forwi,lfd sooner are now being illiocated to thp ellr rent claimants, providing

them with a grt',H('r finand,)1 security than originall't' negotiawd, at the eX/Jell;" of Cap 3 cI"ill1dr1tS who get nothing,

Ex(luding LIp 3, there is an excess of assets over the liabilities 01 about $1:12 milhorl, So lhNe are cleclfly more than

sufficient as~ets to meet thp expected payments, In an ideal '.'/orl(1, we would prefer t holt this excess should be larger by

about $20 million to provide: a high level of certainty that the paYI1,,!nts Cilll be mild(' evt'fl ill the lace or worse than expected experience. /\ddine Cap 3 reduces the e:<[ess of assets OVPI tlle liilbilitie, to about $~JU million and the shortfall

after takinG into account the ilff-allevcl of capital inCf(;"ses \0 $19ImillCln. In oth"r wfJfd~, after iHidinG Cap 3 there are

sufficient ass{,t!> to 111eet the expected pilyments, but less assets than Ideal to pwlect till' claimants in the face of very

poor experience, This resull should be seen in the context of the comments I mad" in lil(' paragraph tlbovE'.

fk'g<:mh Richard

Richard Border

Eckler Lttl 475 West Georgia St Suite 980 Vancouver, Be, VGB 4M9, Can,lda Direct Dial: 60,H)73,6080 Office: 60/1632-1381 Fax: 60IH69·}S10

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From: Kathryn Podrebarac [mallto:[email protected]] Sent: June-19-12 4:40 PM To: Richard Border Cc: JJ. campi Sharon O. Matthewsi [email protected]; [email protected] Martine Trudeau; [email protected] Subject: Hep C 86-90 -. Oariflcation from our conference call of June·7, 2012

Richard

I am writing to see whether I correctly recorded your answer to a question I asked during the June 71b conference call between Eckler and the JC during which we discussed Eckler's new chart summarizing the impact of late Claims and Excess HCV death causation.

During the call, I asked you whether Eckler could provide a written opinion to the JC stating that approval of the CAP 3 would not expose those class members who are already approved and those in the recently approved CAPS 1 and 2 to financial risk.

My notes indicate that you said that Eckler could not provide such an opinion. My notes indicate that you said the reason why Eckler could not state In an opinion that approving CAP 3 would not expose the others to financial risk is because CAP 3 necessarily dilutes the financial position and security of the others.

From our discussion earlier in the call, I had understood that Eckler's new calculations indicate that there is about $20 million less protection/security than Eckler would like there to be for the existing group (ie before factoring in the additional financial impact of the CAP 3 people).

can you please either confirm that I recorded the foregoing accurately or provide a correction.

Thanks Kathryn

Kathryn Podrebarac

Tough & Podrebarac llP Suite 300, 166 Pearl Street Toronto. ON M5H 1L3 direct 416.348.7502 fax 416.348.7505 [email protected]

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2

PARSONS et al. KREPPNER et al.

Plaintiffs

VS. THE CANADIAN RED CROSS SOCIETY et al.

Defendants

Court File No. 98-CV-141369 98-CV -146405


PROCEEDINGS COMMENCED AT TORONTO

MOVING PARTIES' MOTION RECORD

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98-cv -141369 ontario superior court of justice ... approved protocols...court file # 98-cv -141369...

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