The Administrator is here to help you.

FREQUENTLY ASKED QUESTIONS - GENERAL

Q1. Why do I have to complete an Application form in order to receive a minimum payment of $2,000?

Q2. What happens when I submit my Stage 1 Application form?

Q3. What is the difference between a Stage 1 Application and a Stage 2 Application?

Q4. What if I have a business loss as well as a personal loss?

Q5. What is a Family Class Member?

Q6. How is the amount of compensation payable determined?

Q7. What can Class Members who became ill or died claim for?

Q8. What compensation can Class Members who did not become ill or die claim for?


Q9. What compensation can a Family Class Member apply for?

Q10. Who is responsible for any expenses incurred for medical reports?

Q11. How will real estate diminution losses be assessed?

Q12. What if I don't agree with the evaluation of my application?

Q13. What if I require legal assistance?

Q14. What if I have received benefits from other programs?

Q15. When must I submit my application?

Answers

Q1. Why do I have to complete an Application form in order to receive a minimum payment of $2,000?


We recognize that most residents of Walkerton will be eligible for the minimum payment of $2000. Unfortunately there is no way to distribute this payment automatically without the use of an application form. As an example there is no fool proof master list of those persons who were residents in Walkerton during the time frame in question, including children, tenants etc.

The Settlement Agreement as approved by the Court obliges all applicants for compensation to submit an application regardless of the amounts.


Q2. What happens when I submit my Stage 1 Application form?


You will receive a letter acknowledging receipt of your application by the Administrator.

Your Stage 1 Application form will be reviewed by the Administrator.

If parts of your application are unclear or require more information you will be contacted by an evaluator and requested to provide further information.

You will be categorized into one of the applicable Class categories. If qualified within the appropriate definitions you will be eligible for a $2,000 minimum payment.

Regardless of whether you qualify for a $2,000 minimum payment all individuals who have been approved as Class Members will be provided at a later date with a Stage 2 application form which will allow them to submit their claim for full assessment.

Q3. What is the difference between a Stage 1 Application and a Stage 2 Application?


A Stage 1 Application allows you to "register' your claim as a Class Member or potential Family Class Member. It also triggers the minimum $2000 payment for those who qualify.

Once you have submitted a Stage 1 Application you are eligible to submit a stage 2 Application at a later or future date for a full assessment of all your losses.

Q4. What if I have a business loss as well as a personal loss?


If you own or operate a business which sustained a loss and wish to claim for that loss you should file a separate Stage 1 Application for that business.

Q5. What is a Family Class Member?


A Family Class Member is the spouse or same sex partner, child, grandchild, parent, grandparent, or sibling of someone who is a Class Member as defined as follows:

a. All persons except the defendants and third parties who were ordinarily resident in the area of the Corporation of the Municipality of Brockton formerly known as the Town of Walkerton who consumed or used water delivered by the Walkerton PUC at any time in the period April 1st, 2000 to December 5th, 2000.


b. All persons except the defendants and third parties who were not ordinarily resident in Walkerton who consumed or used water delivered by the Walkerton PUC at any time in the period April 1st, 2000 to June 7th, 2000 and who became ill or died as a result thereof.


c. All persons except the defendants and third parties who were infected with gastroenteritis or a similar type of illness by exposure to a person described in a, or b above.

Q6. How is the amount of compensation payable determined?


Under the Settlement Agreement the right to and the amount of compensation payable is determined in accordance with legal principals applied in Ontario Court without regard to issues of fault, liability or contributory negligence. There is however, no payment entitlement for aggravated exemplary or punitive damages.

There is a minimum payment of $2000 set out for certain qualifying Class Members.

Q7. What can Class Members who became ill or died claim for?

A Class Member who became ill or died may apply for compensation arising from any injury or loss for which an Ontario Court would award damages including the following:


a. Pain and suffering including physical injury, nervous shock or mental distress;

b. Past and future loss of income;

c. Past and future health expenses which are not insured services;

d. Pecuniary losses.

Q8. What compensation can Class Members who did not become ill or die claim for?


These Class Members may claim for mental distress, incurred expenses, or lost income, or pecuniary loss, or reasonably incurred expenses for preventative healthcare measures caused by the contamination not paid or payable pursuant by any other Plan or Program.

Q9. What compensation can a Family Class Member apply for?


A Family Class Member may apply for compensation for pecuniary losses other than those paid under other programs. If these losses result from an injury or death to a Class Member caused by contamination including the following types of damages:

a. Actual expenses reasonably incurred for the benefit of the Class Member who was injured or who died;

b. Actual funeral expenses incurred as a result of the death of the Class Member and not otherwise reimbursed to the Estate of the Class Member under this Plan;

c. A reasonable allowance for travel expenses actually incurred in visiting the Class Member during their treatment or recovery;

d. A reasonable allowance for loss of income or for the value of services where the Family Class Member has provided nursing, housekeeping or other services to the Class Member and

e. An amount to compensate for the loss of guidance, care and companionship that the Family Class Member might reasonably have expected to receive from the Class Member if the injury or death had not occurred.

Q10. Who is rsponsible for any expenses incurred for medical reports?


In the event that it is necessary for you to obtain a medical report to make a claim under the Settlement Agreement the administrator will either pay directly for the costs of those reports or make arrangements to reimburse you for obtaining those reports on your own.

Q11. How will real estate diminution losses be assessed?


Some property owners may have claims for losses in real estate value as a result of the contamination problem. These losses can be very difficult to assess and there can be some complex legal issues. We expect that there may be test cases involving the best way to assess these losses and that further information about this type of loss will be published completed over the coming months.

Q12. What if I don't agree with the evaluation of my application?

Section 3.3 of the Settlement Agreement sets out the process for mediation. In the event that mediation fails to resolve your dispute arbitration is available.

If you have sustained a serious injury you may be entitled to assessment of damages by the Judge.

Q13. What if I require legal assistance?


Applicants may be represented by lawyers for the purpose of seeking compensation under this Plan. As the administrator we encourage you to seek independent legal advice. This Plan will pay all reasonable legal costs for an applicant's lawyer or for independent legal advice. Your lawyer's account will be "assessed" by a retired judge or "master".



Q14. What if I have received benefits from other programs?

You are not entitled to double recovery for any claims for which you have received payment from the Brockton Response Center, Brockton Emergency Personal Claims Assistance, the Brockton Emergency Assistance for Business, or the Walkerton Compensation Plan prior to the date of Judgment (March 19th), or from any other plan. If you have sustained losses above and beyond those paid under those other Plans you are eligible to make a claim for those additional claims.

Q15. When must I submit my application?


All Stage 1 Applications must be submitted before January 2nd, 2002.

 

Important!

Please read the information on this Web site very carefully. This will help you determine whether you are eligible or not for compensation as a member of one of the two groups identified above.