In the Supreme Court of British Columbia. Anita Endean, as representative plaintiff Plaintiff and
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1 . It, SUPREME COURT OF BRITISH COLUMBIA VANCOUVER REGISTRY MAY 0 9 Z018 No. C Vancouver Registry In the Supreme Court of British Columbia Between Anita Endean, as representative plaintiff Plaintiff The Canadian Red Cross Society, Her Majesty the Queen in Right of the Province of British Columbia, The Attorney General of Canada Defendants Prince George Regional Hospital, Dr. William Galliford, Dr. Robert Hart Dykes, Dr. Peter Houghton, Dr. John Doe, Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of the Province of British Columbia Proceeding under the Class Proceedings Act, R.S.B.C 1996, C. 50 Third Parties ORDER MADE AFTER APPLICATION BEFORE THE HONOURABLE CHIEF JUSTICE HINKSON ) ) o~- r--b~- ;;2c~~ ) ON THE APPLICATION of the British Columbia Joint Committee member dated February 28, 2018 before the Honourable Chief Justice Hinkson in writing, the Attorney General of Canada, Her Majesty the Queen in Right of the Province of British Columbia British Columbia Fund Counsel all having been served with the application materials;
2 -2- ON BEING ADVISED that the Joint Committee, the Attorney General of Canada, the British Columbia Fund Counsel Her Majesty the Queen in Right of the Province of British Columbia consent to the making of this order; UPON READING the materials filed, including Affidavit #9 of Murray Krahn made February 28, 2018, Affidavit #9 of Richard Border made February 28, 2018, Affidavit #3 of Vincent Bain made February 26, 2018, the Joint Committee Report the Affidavit #4 of Peter Gorham; AND THIS ACTION BEING STAYED AGAINST the defendant the Canadian Red Cross Society by the Order of Mr. Justice Blair made on July 20, 1998 in Ontario Superior Court of Justice Action No. 98-CL (Toronto) subsequently extended by further orders made on August 18, 1998, October 5, 19~8, January 18, 1999, May 5, 1999, July 28, 1999 February 25, 2000; AND THIS ACTION BEING STAYED AGAINST the third parties Prince George Regional Hospital, Dr. William Galliford, Dr. Robert Hart Dykes, Dr. Peter Houghton Dr. John Doe by order of Justice K. Smith, made May 22, THIS COURT ORDERS that: 1. The reports listed below are hereby filed pursuant to the provisions of Clause (1 )(i) of the January 1, July 1, 1990 Hepatitis C Settlement Agreement (the "Settlement Agreement") the orders of this Court dated January 16, 2017 December 12, 2017; (a) "Estimating the Prognosis of Canadians Infected with the Hepatitis C Virus Through the Blood Supply, ", The Sixth Revision of Hepatitis C Prognostic Model Based on the Post-Transfusion Hepatitis C Compensation Claimant Cohort, July 2017, prepared by Murray Krahn, Yeva Sahakyan, Qilong Yi William Wong;
3 -3- (b) (c) Actuarial Report to the Joint Committee Assessing the Financial Sufficiency of the Hepatitis C Trust as at December 31, 2016, by Eckler Ltd. (Richard Border Wendy Harrison); Report of the Joint Committee Relating to Financial Sufficiency of the Hepatitis C Trust as at December 31, 2016; (d) Actuarial Report Assessing the Financial Sufficiency of the Hepatitis C Trust Fund as at 31 December 2016, by Morneau Shepell Ltd. (Peter J.M. Gorham) 2. The Trust Fund is financially sufficient as at December 31, 2016 that, after taking into account the allocation of assets necessary to project the class members from future major adverse experience, the Trust assets exceed the liabilities. 3. Declares that the Trustee of the Settlement Agreement holds between $173,618,000 $187,504,000 of actuarially unallocated money assets as at December 31, Declares that as at December 31, 2016, the financial status of the three accounts of the Trust Fund is as follows: HCV Regular Benefit Account HCV Special Distribution Benefit Account HCV Late Claims Benefit Account Excess Capital of between $176,497,000 $194,417,000 Excess Capital of between $9,868,000 $13,947,000 Insufficient Capital of between $16,781,000 $16,826, the orders in paragraphs 1 to 4 above shall not be effective unless until orders directions, with no material differences, are approved or rendered by the Superior Court of Quebec the Ontario Superior Court of Justice. REGISTRAR :~. ~NDORStMENTS ATr:ll.CHED
4 -4- THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT: Signat re of British Columbia Joint Committee Member { o v J.J. Camp, Q.C. Signature of lawyer for the Attorney General of Canada Craig Cameron Signature of wye for Her Majesty the Queen in Righ he Province of British Columbia Keith L. Johnston Signature of British Columbia Fund Counsel Gordon J. Kehler Registrar ENDORSEMENTS ATTACHED
5 -4- THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT: Signature of British Columbia Joint Committee Member J.J. Camp, Q.C. Signature of lawyer for the Attorney General of Canada Craig Cameron Signature of lawyer for Her Majesty the Queen in Right of the Province of British Columbia Keith L. Johnston Signature of British Columbia Fund Counsel Gordon J. Kehler Registrar ENDORSEMENTS ATIACHED
6 -4- THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT: Signature of British Columbia Joint Committee Member J.J. Camp, Q.C. Signature of lawyer for the Attorney General of Canada Craig Cameron Signature of lawyer for Her Majesty the Queen in Right of the Province of British Columbia Keith L. Johnston Sig e of British Columbia Fund Counsel Gordon J. Kehler Registrar
7 .. No. C Vancouver Registry In the Supreme Court of British Columbia Between Anita Endean, as representative plaintiff The Canadian Red Cross Society, Her Majesty the Queen in Right of the Province of British Columbia, The Attorney General of Canada Plaintiff Defendants Prince George Regional Hospital, Dr. William Galliford, Dr. Robert Hart Dykes, Dr. Peter Houghton, Dr. John Doe, Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of the Province of British Columbia Proceeding under the Class Proceedings Act, R.S.B.C 1996, C. 50 Third Parties ORDER MADE AFTER APPLICATION CAMP FIORA NTE MATIHEWS MOGERMAN Barristers & Solicitors # Homer Street Vancouver, BC V6B 2W5 Tel: (604) Fax: (604) Ema ~ VIA MIKE BIKE ~ )
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