Friday, August 10, 2007
From now on, that site will be the place to go for the most up to date information regarding the settlement. While I may post news here from time to time, Crawford's site will be the main source of information.
Tuesday, July 10, 2007
Under the Settlement Agreement, the Implementation Date for the settlement is 30 days after the last Court Approval Order becomes final. The Court Approval Orders become final when the time period for an appeal expires, or if an appeal is filed, when that appeal is finally dealt with. To my knowledge, no appeal has been filed, and the deadline for filing appeals expired yesterday. So the Implementation Date for the settlement is 30 days from yesterday. The government will not provide any of the money for the settlement until the Implementation Date.
The further 30 day period is necessary because of section 36 of the British Columbia Class Proceedings Act, which says:
(2) If a representative plaintiff does not appeal as permitted by subsection (1) within the time limit for bringing an appeal set under section 14 (1) (a) of the Court of Appeal Act or if a representative plaintiff abandons an appeal under subsection (1), any member of the class or subclass for which the representative plaintiff had been appointed may apply to a justice of the Court of Appeal for leave to act as the representative plaintiff for the purposes of subsection (1).
(3) An application by a class or subclass member for leave to act as the representative plaintiff under subsection (2) must be made within 30 days after the expiry of the appeal period available to the representative plaintiff or by such other date as the justice may order.
We plan to mail applications to everyone we have an address for. The application forms will also be posted on a special settlement website to be set up and run by Crawford. If you don't get an application in the mail, and can't get one from the website, there will be a phone number where you can call and have one mailed to you.
The website address, phone numbers and mailing addresses will be posted here as soon as they are available.
Tuesday, June 12, 2007
We are working with Crawford to get all of the application forms and standard operating procedures in place as quickly as possible. As soon as the forms are available, I will post a notice here telling people how to get forms, where to get further information, etc.
In the meantime, there is no reason to call Crawford, Health Canada or any of the lawyers' offices asking for application forms or instructions. No one is yet in a position to begin accepting applications.
Saturday, June 09, 2007
Friday, June 08, 2007
Tuesday, May 29, 2007
Thursday, March 22, 2007
Monday, March 05, 2007
No applications will be available until after we have a decision from all 4 Courts. One of the main reasons for that is the Court will be appointing an administrator to implement the settlement. Until we know who the administrator is, there is no one to send applications to.
Wednesday, February 07, 2007
We provided to Justice Winkler copies of the various letters people had written in about the settlement.
In addition, there were several class members in the courtroom, and Justice Winkler allowed anyone who wished to speak an opportunity to give their views on the settlement.
At the end of the hearing, Justice Winkler indicated that he would not be issuing a decision until all of the other provincial hearings were completed.
The Quebec hearing is being heard today (Feb. 7) in Montreal. The hearing in British Columbia is on the 21st in Vancouver, and the hearing in Alberta is on the 28th in Edmonton.
No application forms will be available until after we get decisions from the courts. I'll post here when we have any news.
Thursday, February 01, 2007
The new definition of class period under the agreement is:
"Class Period" means collectively the period prior to and including December 31, 1985 and the period from July 2, 1990 to September 28, 1998, excluding the period from January 1, 1986 to July 1, 1990."
The reason for the deduction of the Red Cross settlement amount is as follows:
The concept of this Settlement Agreement is to provide pre-86/post-90 claimants with a compensation program which reflects parity with the 86-90 settlement, at least as far as the Federal contribution to the 86-90 settlement is concerned. The Federal Government contributed 8/11ths of the money to the 86-90 settlement, the provinces contributed the rest (3/11ths).
The 86-90 people did not receive anything from the Red Cross. This was a deal worked out with the Federal Government and the Red Cross at the time the Red Cross was under bankruptcy protection. The Federal Government and the 86-90 group both agreed not to assert any claim against the Red Cross so that all of the available money could go to the pre-86/post-90 group. They did this in recognition that the 86-90 group was getting money from the federal government whereas the pre-86/post-90 group was not.
Now that the pre-86/post-90 group is going to receive compensation from the Federal Government, if there was not a deduction the pre-86/post-90 group would end up getting more in total than the 86-90 group got (at least with respect to the contribution by the Federal Government).
I hope that clarifies things.
Sunday, January 14, 2007
You can see a copy of the notice, in French and English, at www.pre86hepc.com
The settlement agreement itself is also posted in French and English at www.pre86hepc.com
Claimants do not have to do anything right now. If the Courts approve the settlement, there will be further notices telling people how to apply for the settlement. So, you don't have to worry right now whether you are on any particular list, etc. You will be able to apply later.
People are welcome to come to watch the Court proceedings if they wish. If you do wish to come, it would be helpful if you could let us know by email at email@example.com, so that we can make sure that we have enough room for everyone.
If you want to make an oral statement to the Court, or if you intend to retain a lawyer to make submissions on your behalf, you must let us know by no later than January 31, 2007, so that we can schedule things properly. Instructions, contact addresses, etc. are in the Notice.
Monday, January 08, 2007
February 5 - Toronto
February 7 - Montreal
February 21 - Vancouver
February 28 - Edmonton
Some of the hearings may go more than one day.
More details will be published in newspapers across the country starting this week. The official notice will be posted online shortly. I'll post the address here as soon as it is online.
Monday, January 01, 2007
Monday, December 18, 2006
Friday, December 15, 2006
Tuesday, November 21, 2006
the first part of 2007.
Friday, September 29, 2006
Tuesday, August 01, 2006
Monday, July 31, 2006
Please note that no administrator has yet been appointed for the settlement. Please do not call KPMG or the 86-90 Hepatitis Claims Centre, as they will not be able to answer your questions.
Friday, July 28, 2006
Wednesday, July 26, 2006
I hope to have it up later today or tomorrow.
Tuesday, July 25, 2006
Lead plaintiff Mike McCarthy listens to Prime Minister Stephen Harper announce a settlement which will provide almost $1 billion to people infected with hepatitis C through the blood system in Canada before 1986 or after July 1, 1990.
More details to follow.
Monday, July 24, 2006
Thursday, July 13, 2006
1. There has been no official government announcement.
2. The people close to the negotiations are not speaking to the media, so the people who are commenting are doing so based on speculation.
I expect there will be an official announcement soon. Until then, please take anything you hear with a grain of salt. (see the two previous posts about rumours and confidentiality)
Wednesday, June 21, 2006
So, let's deal with some rumours that have already started to circulate:
1. You have to register for the settlement in the next few days!
Wrong. The settlement has not yet been finalized or announced. There is nothing to register for or sign up for at the moment, and there is certainly no deadline established for registration. When the settlement is finalized and announced, there will be ample notice to people on how they can apply, and when. People will be given plenty of time to apply.
2. The House of Commons breaks for the summer on June 23. If there's no settlement by then, the whole matter will get put off to the fall.
Wrong. The fact that Parliament rises for the summer break on June 23 does not affect our negotiations. There is no deadline to complete negotiations by June 23. Government continues to operate throughout the summer, as do we. Negotiations can continue through the summer, on weekends, whenever. The settlement does not need to be voted on in the House of Commons, so it really does not matter whether Parliament is in session or not. We will continue to negotiate until we reach a fair deal. That being said, we are all trying to get things finalized as soon as possible.
Wednesday, June 07, 2006
I can confirm, however, several of the things the Minister did say. In my view, it is accurate to say that the negotiations have advanced more in the last few months than they have in the last several years. Significant progress is being made, and we believe we are very close to an agreement. There are still a few issues which need to be worked out. The federal negotiators and the plaintiffs' negotiating team are working in good faith to get the matter settled as soon as possible.
The plaintiffs' team is working hard to negotiate a good settlement, and so far we are quite pleased with the way things are shaping up. We know that this compensation is very important to thousands of people who need financial assistance to help them deal with the effects of hepatitis C for themselves and their families. We want to ensure that the amounts offered to victims are adequate, and that the process for applying for the settlement is fair and efficient.
We are almost at the finish line. As soon as I can provide more details, I will.
Thursday, June 01, 2006
Further to my last post, the Minister of Health will be appearing before the Health Committee on Tuesday, June 6 at
Thursday, May 11, 2006
Wednesday, May 03, 2006
Ms. Penny Priddy (Surrey North, NDP): Mr. Speaker, when the Conservatives were in opposition they promised all victims of the tainted blood tragedy compensation. Pre-1986 and post-1990, thousands were infected with hepatitis C as a result of the failure of the Canadian government and were not compensated by the Liberals.
Does the Minister of Health have a plan to immediately compensate these victims?
Hon. Tony Clement (Minister of Health and Minister for the Federal Economic Development Initiative for Northern Ontario, CPC): Mr. Speaker, as hon. members on both sides of the House know, this issue has been festering for a number of years. We made a campaign pledge and we intend to keep it.
Ms. Penny Priddy (Surrey North, NDP): Mr. Speaker, that is not really good enough. When the Parliamentary Secretary to the Minister of Health used to speak about this issue, he would promise compensation immediately after the Conservatives were elected. That was three months ago and there is still no compensation.
Why did the government not move immediately after the election to compensate all hepatitis C victims and right this awful Liberal wrong? What is taking this government so long?
Hon. Tony Clement (Minister of Health and Minister for the Federal Economic Development Initiative for Northern Ontario, CPC): Mr. Speaker, I can assure the hon. member that this is one of my top priorities. I know there has been a little barracking on both sides of the House, but I can tell the hon. member that this is a priority for this government. We are moving with alacrity. I can tell the hon. member that after 13 years of non-action, we will see action with this Prime Minister's government.
Monday, April 24, 2006
We are also in the midst of sending questionnaires to class members' doctors, to gather more information on class members' health status. We need this information to determine how much money is required to provide fair compensation to everyone.
We have been getting good signals from the federal government. We believe that they would like this matter settled as soon as possible, so that compensation can be made available to people quickly.
I cannot at this time give a reliable estimate of how long it will be before compensation is available. All I can say is we are working as hard as we can to try to get it settled soon.
I have read all of the emails and letters people have sent. I've also listened to all of the voicemails people have sent to me. I apologize for not getting back to everyone. I will try to respond to everyone, but my main priority at this time is settling, and I have to balance the time I spend communicating with class members with the time I spend doing the work necessary to get the compensation finalized. I appreciate your patience.
Monday, February 06, 2006
Tony Clement was sworn in as Health Minister. Mr. Clement was very supportive of compensation for persons infected with Hepatitis C when he was the Ontario Health Minister.
As you may recall, when in Opposition the Conservatives put forward a motion in the House of Commons calling for compensation for all persons who became infected with Hepatitis C through the blood system in Canada. The Conservative's election platform also contained a committment to providing compensation.
We look forward to working with the new government in finalizing and implementing a fair compensation system.
We have a team of medical and financial experts working with us to assist with these difficult issues.
We have met with the government's lawyers several times, and we believe we are making significant progress. We do understand the urgent need for assistance that many people have. We are committed to working as quickly as possible to finalize the compensation system and get assistance to people at the earliest possible moment.
Thursday, December 15, 2005
We'll be meeting with the government negotiators again next week. Please be assured that there is a team of people working on this everyday, and that we all want to complete the negotiations as soon as possible.
Thursday, December 01, 2005
We are continuing to negotiate with the Department of Justice, and are continuing to gather the information we need to conclude those negotiations. Our work will continue throughout the election campaign, as we are dealing with government lawyers, not politicians.
The only effect the election will likely have is that we will not be able to get any final agreement signed until after the election when a new cabinet is sworn in. However, given the amount of work left to do in the negotiations, it is not likely that an agreement could be reached before a new cabinet is in place anyway.
So, don't worry. We are confident that compensation will be provided regardless of what happens in the election.
Friday, November 18, 2005
Mr. Michael Savage (Dartmouth—Cole Harbour, Lib.): Mr. Speaker, on November 22, 2004, the Minister of Health announced the launch of discussions to explore options for financial compensation to Canadians infected with hepatitis C through the Canadian blood system in the class before 1986 and after July 1990.
Could the Parliamentary Secretary to the Minister of Health update the House on the status of these important discussions?
Hon. Robert Thibault (Parliamentary Secretary to the Minister of Health, Lib.): Mr. Speaker, I am very pleased to inform the hon. members of the House that the Minister of Health and legal representatives for individuals affected with the hepatitis C virus through the blood system before 1986 and after July 1, 1990, today announced that they have signed a memorandum of understanding committing the federal government to provide compensation to those individuals.
Discussions will continue on both sides, as both sides negotiate the amounts and categories of compensation. By entering into this MOU both sides have made a clear commitment to the ongoing negotiation process.
The federal government will compensate the pre-1986, post-1990 class because it is the right and responsible thing to do.
The details of the compensation program are still being negotiated. Claimants do not have to do anything at the moment to apply for the compensation. There will be further announcements once the program is finalized.
You can see the government's press release here, and the text of the memorandum of understanding here.
This is an important step. This is the first time the Federal Government has ever stated that there will be compensation for pre-86/post-90 victims.
We will continue to negotiate to finalize the settlement as quickly as possible.