Rolinda Mack

This is a joint decision from the Supreme Court of British Columbia, Alberta Court of Queen’s Bench, Ontario Superior Court of Justice, and Superior Court of Québec concerning the administration and termination of the national Hepatitis C class action settlement.

Class Counsel sought orders approving a third pro rata payment from the PELD Fund, payment of class counsel disbursements, approval of administrative expenses, waiving a future audit, and a declaration terminating the Settlement Agreement.

The courts approved all requests, with a minor variation regarding the termination process, and also granted relief from forfeiture to a class member for a missed payment.

Class counsel brought an application to assess the financial sufficiency of the Compensation Fund established under the Hepatitis C class action settlement and sought a declaration prioritizing the transfer of surplus funds to the insolvent Past Economic Loss and Dependents Fund (PELD Fund).

The court found that the Compensation Fund was solvent with a small projected surplus, while the PELD Fund remained insolvent.

To prevent inequity for eligible class members who had received nothing from the depleted PELD Fund, the court authorized the transfer of the remaining Compensation Fund surplus to the PELD Fund, with the specific allocation to be determined at a future hearing.