Periodic Re-Assessment by the Courts

An actuarial analysis is under way to determine the sufficiency of the fund. Please check this site periodically for updates.

Section 2.05(3)      Past Loss of Income


On notice to Canada, Class Counsel may apply to the Courts 120 days or more after each of June 30, 2010, June 30, 2013 and June 30, 2016, on or after return of the Plaintiffs' motion pursuant to Section 5.07(2), to seek directions as to the retroactive and prospective removal in whole or in part of the 70% limit and seventy five thousand dollars ($75,000.00) limit set out in Sections 2.05(1) and 2.05(2)(b)(i).

 

Section 5.07       Claims Experience 


(1) Subject to Sections 5.07(2) and 4.02(4), the Courts may order that each Approved HCV Infected Class Member or the Approved HCV Personal Representative of an HCV Infected Class Member receive claims experience premium payments which shall not in total exceed 1/9th of the amount received by or in respect of the HCV Infected Class Member pursuant to Section 2.04 or 3.03(1)(ii) in respect of Disease Levels 2 through 6, or Section 3.02, save as to funeral expenses.

(2) On notice to Canada, Class Counsel shall apply to the Courts 120 days or more after each of June 30, 2010, June 30, 2013 and June 30, 2016 to assess the financial sufficiency of the Compensation Fund and may seek directions as to the amounts and timing of the payment of the claims experience premium set out in Section 5.07 (1).

(3) Simple interest (not compounded) will be paid to approved claimants on all payments ordered pursuant to Sections 5.07(1) and (2) calculated from the date of approval of the Claim up to the date the payment is made, at the Prime Rate on January 1 of each year that interest is payable.