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Appeals

Claimants who disagree with the Claims Administrator's assessment of their claim will be entitled to appeal the Claims Administrator's decision to an Arbitrator appointed by the Courts.

The Court appointed Arbitrators are Ms. Reva E. Devins of Toronto and Mr. Pierre Sébastien, of Montreal. Both are senior lawyers and have experience and qualifications to serve as Arbitrators under the Settlement Agreement and Court approved Protocols. Mr. Sébastien will handle arbitrations that are to be conducted in French.

Upon receipt of the Claims Administrator's assessment of a claim, eligible claimants who disagree with their grid categorization shall have 15 days to deliver an appeal to the Claims Administrator.

In order to be eligible for any Grid Categorization Appeal, you must:

  1. Download the Appeals Form below, print it and read it carefully.

  2. Appeal Form PDF Appeal Form - August 2009 PDF

  3. Sign the verification statement. By signing the verification statement, you swear under penalty of perjury that the information that you have provided is accurate; and
  4. Return within 15 days of receiving the Administrator's Grid Categorization this Appeals' Form together with clear copies of any Supporting Documentation to the Claims Administrator at P.O. Box 20187 - 390 Rideau Street, Ottawa ON K1N 9P4.

For more information, please refer to the Claims Distribution Protocol below or contact the Claims Administrator.

Distribution Protocol - January 2009 PDF Distribution Protocol - January 2009 PDF


PAYMENTS: once ALL claims, arbitrations and appeals have been completed, the Administrator must report to the Courts on the proposed total amounts payable to ALL approved claimants and no money shall be paid by cheque to anyone until Court approval.

PROCESSING: claims are still being processed. If you successfully filed a claim, you will receive a Decision Letter from the Administrator by regular mail in the summer of 2010.

TIMING: higher level claims require medical evidence and some hospitals have been slow to deliver what is needed. Since the Courts (SK, ON, QC) must approve all payments, we are unable to advise with certainty about when cheques will be mailed. We are presently aiming for early 2011.

The deadline for making a claim expired on November 2, 2009. If you failed to successfully make a claim before this date, payment cannot be made to you or any person that you represent no exceptions.