Keith L. Johnson

The Attorney General of Canada and the Joint Committee representing Class Members brought competing applications regarding the allocation of approximately $236 million in excess capital held in the trust fund established by the 1986-1990 Hepatitis C Settlement Agreement.

Canada argued the excess capital should be returned to it, while the Joint Committee sought to allocate the funds to increase benefits for Class Members.

The court dismissed Canada's application, finding that the excess capital allocation provision was intended to provide an opportunity to bridge compensatory gaps for Class Members.

The court approved seven of the Joint Committee's nine recommendations for allocating the funds, including increases to fixed payments and loss of services compensation, to be implemented by way of special distribution.

The applicant, an assistant caretaker, alleged that her union breached its duty of fair representation under section 74 of the Labour Relations Act by refusing to file a grievance regarding a salary differential.

The differential arose from a merger of two school boards, where some former employees' salaries were red-circled.

The union obtained a legal opinion and concluded the differential was based on a factor other than sex, thus not violating section 32 of the Employment Standards Act.

The Board dismissed the application, finding the union's decision not to grieve was considered, based on legal advice, and not arbitrary, discriminatory, or in bad faith.