Appeals

Appealing a Decision

 

If your Late Claim Request or Late Claim is rejected OR if it is accepted but you disagree with some part of the Administrator's decision, you may appeal the Administrator's decision by completing the Request for Review (PDF Format) form.

 

You must complete and return the Request for Review Form to the Administrator within 30 days after receipt of the Administrator's letter of decision.

 

You may have the Administrator's decision reviewed by either an Arbitrator OR a Referee. However, please note the following:

 

• If you elect to go to Arbitration, the Arbitrator's decision is final.
  
  
• If you elect to go to a Referee, the Court responsible for the Class Proceedings may review the decision of the Referee but only if the disputed amount is more than $10,000.

 

Related topics:

 

• The 1986-1990 Hepatitis C Settlement Agreement – Section 5.03 – Decisions of the Administrator
  
  
• HCV Late Claims Benefit Plan – Article 10 – Dispute Resolution

 

More about the Procedure

 

When a Request for Review is filed, the Administrator will provide a copy of the Late Claim File to the claimant, Fund Counsel (a lawyer appointed by the Courts to defend decisions made by the Administrator) and the Arbitrator/Referee appointed to hear appeals in the province where the claimant resides or is deemed to reside. The Late Claim File will include copies of:

 

• The Request for Review form;
  
  
• All documentation that the claimant submitted along with all other evidence about the Late Claim Request or Late Claim in the possession of the Administrator.
  
  
• A copy of the Administrator's decision;
  
  
• Other information or material as the Arbitrator/Referee may request.

 

Claimants may act in person or through a representative. The representative must notify the Administrator and Arbitrator/Referee in writing providing the written consent of the claimant.

 

Upon receipt of a copy of the Late Claim File, the claimant has 15 days to provide any additional written submissions/information to the Arbitrator/Referee and the Administrator.

 

Fund Counsel has 15 days after receipt of the claimant's submissions, to provide submissions.

If a virtual or in-person hearing is required by the claimant or Fund Counsel because oral evidence (testimony) is intended OR if a virtual or in-person hearing is directed by the Arbitrator/Referee in accordance with the Rules for Arbitration/Reference, the Arbitrator/Referee shall notify the claimant, Fund Counsel and the Administrator of the time and location of the hearing and provide such instructions as are necessary for the hearing of the Arbitration/Reference and the calling of evidence, if required.

 

Upon receipt of the claimant's Late Claim File and all supplementary submissions or after any virtual or in-person hearing, the Arbitrator/Referee shall communicate his/her decision in writing within 30 days. All decisions are posted on this website and can be viewed by following this link.

 

The Arbitrator/Referee's decision will not identify the claimant by name or location.

 

Referee Decisions

 

If you elected to appeal to a Referee and your appeal was dismissed, the Referee's decision will be automatically confirmed, final and binding unless you decide to oppose the confirmation. (HCV Late Claims Benefit Plan – Appendix C)

 

To oppose confirmation the following steps will be needed:

 

1. You must complete the Notice of Motion Form, which Fund Counsel will mail to you when appropriate.
   
   
2. Return the completed Notice of Motion Form to Fund Counsel no later than 30 days from the date of your first receipt of the Notice of Motion Form. You will have no right to oppose the confirmation after the expiry of 30 days from first receipt of the Notice of Motion Form sent to you by Fund Counsel.
   
   
3. The Notice of Motion Form will be delivered to the Court having jurisdiction in the Class Action where you are asserting to be a Class Member. A complete copy of all the documents provided to the Referee in your Late Claim File will also be delivered to the Court.
   
   
4. Fund Counsel and Class Action Counsel may support or oppose confirmation of the Referee's decision. You will receive a copy of any submissions either counsel may make to the Court.