ARTICLE TEN

DISPUTE RESOLUTION

 

10.01 Reference to Referee or Arbitrator

 

A person who was determined to be eligible to make a Late Claim in accordance with the provisions of this HCV Late Claims Benefit Plan and who thereafter made a Late Claim may, within 30 days after he or she receives notice of the Administrator’s decision respecting his or her Late Claim, refer that decision to, at his or her option, a Referee or an Arbitrator by filing with the Administrator a notice requiring a reference or arbitration and setting out the objection to the Administrator’s decision and the reasons in support of the objection.  If no notice requiring a reference or arbitration is filed within the 30 day period, the Administrator’s decision will be automatically confirmed and be final and binding. For greater certainty, this Article Ten and Appendices C and D shall not apply to the determination by a Late Claims Referee of whether a person is eligible to make a Late

Claim that is required by Section 3.01A and Appendix E.

 

10.02 Jurisdiction of Referees and Arbitrators

 

Each Referee and Arbitrator may exercise all of the jurisdiction and powers granted

to him or her hereunder.

 

10.03   Forwarding Late Claims

 

Upon receipt of a notice requiring a reference or arbitration, the Administrator will forward to a Referee or Arbitrator, as the case may be, in the Province or Territory where the claimant resides or is deemed to reside and to the Fund Counsel the following:

 

1. a copy of the Late Claim and the notice requiring a reference or arbitration, as the case may be;
   
   
2. a copy of all the written submissions and material in support of the submissions and other evidence pertaining to the Late Claim in the possession of the Administrator;
   
   
3. a copy of the Administrator’s decision; and
   
   
4. such other information or material as the Referee, Arbitrator or Fund Counsel may request.

 

10.04 Conduct of Reference and Arbitration

 

1. A reference will be conducted in accordance with the provisions of Appendix C hereto.
   
   
2. An arbitration will be conducted in accordance with the provisions of Appendix D hereto.

 

10.05 Payment of Late Claims

 

After a decision of a Referee or Arbitrator becomes final and binding, any amount directed to be paid will be paid promptly.