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The compensation fund for those infected with HCV through a transfusion or blood product from the Canadian Blood system between 1986 and 1990 (and their estates and affected family members) is deemed to have a surplus of approximately $236 – $256 million. The federal government would like to take control of this money. There are still many victims who found out about this fund too late to register, plus many who are HCV+ but do not know it yet and will want to register in the future. Many of those who are registered are now experiencing unexpected complications. Because of these situations, HepCBC will be involved in the upcoming meetings and related activities as they come up. The first of three meetings will be held:
Wednesday, August 12, 2015 at 7:00 PM
UBC Robson Square
800 Robson St, Vancouver, BC HSBC Hall (Room C680)

TO WATCH AT HOME via WEBCAST:
Click on http://www.postelvideo.com/webcast/single3/login.php. On the day of the session, sign in with your name, email address and use the password hepc

We urge anyone interested in this situation to read the notice below, and to attend the meeting if at all possible. There is also an excellent background document available at:
www.hepc8690.ca/pdfs/joint%20hearing/filed-notice%20of%20application%20re%20financial%20sufficiency%20march%2016%202015_00467240XB33C8.pdf

THE JOINT COMMITTEE WANTS TO HEAR FROM YOU

The Joint Committee has a mandate to implement the 1986-1990 Hepatitis C Settlement Agreement and to supervise the ongoing administration of claims. Every three years, we also review the financial sufficiency of the Trust Fund to ensure that it is adequate to meet the expected needs of Class Members and Family Class Members.

WHY WE WANT TO HEAR FROM YOU

On the most recent financial sufficiency review, the actuaries retained by the Joint Committee and the federal government expressed the opinion that the Trust Fund is sufficient to meet the expected needs of Class Members and Family Class Members and there is a surplus. The surplus is estimated to be between $236 million to $256 million.

The orders approving the settlement allow the Joint Committee and the governments to apply to the Courts where there is a surplus. The Courts have discretion to decide what to do with the surplus. They can also decide that all or a portion of the surplus should be kept in the Trust Fund.

The Joint Committee will be making an application to the Courts to request that all or a portion of the surplus be allocated in favour of Class Members and Family Class Members. The Joint Committee wants your input on the areas of the settlement that you feel fall short and how you think the surplus should be used.

The Joint’s Committee’s application and any application made by the federal government regarding the surplus will be considered by the Courts at a Joint Hearing that will take place in Toronto, Ontario on June 20-22, 2016. There will be a video link of the hearing to a court room in British Columbia where the public can attend. A schedule of the steps leading up to the Joint Hearing is attached. For up-to-date information, to see the documents filed with the Courts, and for the location of the hearings go to www.hepc8690.ca.

HOW YOU CAN PROVIDE YOUR INPUT

Members of the Joint Committee will be holding consultation sessions in various cities in English and French, some of which will be webcast live on the internet. You may also make a written submission. You can provide your input in 3 ways:

by attending a consultation session in person at the places and times listed Additional sessions may be announced, so visit www.hepc8690.ca for further updates. If you plan to attend in person, please let us know in advance by calling 1.866.228.0073 or emailing hepc@strosbergco.com so that we know how many people to expect for planning purposes

by watching a webcast consultation session live on the internet, which will allow you to ask questions and make comments while the session is taking To participate in any of the webcast consultation sessions, please go to http://www.postelvideo.com/webcast/single3/login.php. On the day of the session, sign in with your name, email address and use the password hepc

by calling or writing a member of the Joint Committee, whose contact information is listed Written submissions sent to a Joint Committee member will receive serious consideration and may be provided to the Courts for their consideration at the Joint Hearing

CONSULTATION SESSIONS

Date	Time	Language	Location	Live Webcast (yes/no)
August 12, 2015	7:00 pm	English	UBC Robson Square, 800 Robson St, Vancouver, BC HSBC Hall (Room C680)	Yes
August 20, 2015	7:00 pm	French	1000, De la Gauchetière West, 25th floor, Suite 2500 (McCarthy Tétrault), Montreal, QC	Yes
August 25, 2015	7:00 pm	English	The Advocates’ Society 250 Yonge St., Suite 2700 Toronto, ON	Yes
August 26, 2015	7:00 pm	English	The Sheraton Hamilton Hotel Jackson Square, 116 King St W, Hamilton, ON Heritage Room (Concourse Level)	No

Additional sessions across the country may be announced. Visit www.hepc8690.ca for updates.

JOINT COMMITTEE MEMBERS

Written submissions can be sent to any one of the following members of the Joint Committee.

J. J. Camp Q. C.

Camp Fiorante Matthews Mogerman 400 – 856 Homer Street

Vancouver, British Columbia V6B 2W5 Telephone: 604-331-9520

Fax: 604-689-7554

E-mail: jjcamp@cfmlawyers.ca

Harvey Strosberg Q. C.

Sutts Strosberg LLP 600 – 251 Goyeau Street

P.O. Box 670, Station A Windsor, Ontario N9A 6V4 Telephone: 1-866-228-0073

E-mail: hepc@strosbergco.com

Michel Savonitto

SAVONITTO & ASS. INC.

468, rue St-Jean

Suite 400

Montréal (Québec) H2Y 2S1 Telephone: 514-843-3125 ext 208

Fax: 514-843-8344

E-mail: info@savonitto.com

Kathryn Podrebarac

Podrebarac Barristers Professional Corporation Suite 701, 151 Bloor Street West

Toronto, Ontario M5S 1S4 Telephone: 416-348-7502

Fax: 416-348-7505

E-mail: kp@toughcounsel.com

For the most up-to-date information, go to www.hepc8690.ca.

1986-1990 Hepatitis C Settlement Agreement Phase 2 Sufficiency Schedule

This schedule is premised on the understanding that the Provinces and Territories are parties with standing and that they will not make any applications but may respond to applications.

All materials filed/delivered pursuant to this schedule shall be simultaneously and electronically provided to the Administrator for posting on the 1896-1990 Hepatitis C Class Action website.

1. By June 30, 2015

The Joint Committee will advise class members that it is agreed that assets exceed liabilities by the amounts set out in the consent order and that one or more parties may be making applications described below and this schedule will be utilized for these applications.

2. October 16, 2015

The Joint Committee will deliver its Notice of Application and supporting materials on its application for the courts to exercise their discretion with regard to actuarially unallocated monies.

3. December 16, 2015

The Federal Government will:

deliver its Notice of Application and supporting materials on any application it seeks to make; and

deliver an Application Response and any materials in response to the Joint Committee’s

The Provincial and Territorial governments will file their Application Responses and materials in response to the Joint Committee’s

4. March 3, 2016

Case Management Conference Call 5. April 1, 2016

The Joint Committee will:

file an Application Response and supporting material to the Federal Government’s application;

file any reply materials to the Federal Government and /or Provincial and Territorial Governments’ responses to the Joint Committee’s application;

The Provincial and Territorial Governments will:

file Application Responses and supporting material to the Federal Government’s application;

6. April 15, 2016

The Federal Government will file any reply materials to the response materials of the Joint Committee and the Provincial and Territorial Governments.

7. May 15, 2016

All parties file submissions.

8. June 20 – 22, 2016

Hearing in Toronto.

New Activity: HCV-Infected Members of 1986-1990 Class Action Suit