September 10, 2008 Overview of the Residential Schools Claims Compensation Process.
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Transcript of September 10, 2008 Overview of the Residential Schools Claims Compensation Process.
September 10, 2008
Overview of the Residential Schools
Claims Compensation
Process
Residential School Claims Team
John McKiggan (Partner)
Ian Hutchison (Associate lawyer)
Ashley Newton (Paralegal)
306-5670 Spring Garden Road
Halifax, Nova Scotia B3J 1H6
TOLL FREE: (877) 423-2050WEBSITE: www.apmlawyers.com
EMAIL: [email protected]
Arnold Pizzo McKiggan Trial Lawyers
What compensation can Survivors apply for?
Two parts to the compensation
Common Experience Payment
The C.E.P.
Two parts to the compensation
Common Experience Payment
The C.E.P.
Individual Assessment
Process
The I.A.P.
I.A.P.
What does it pay compensation for?
I.A.P.
• Sexual Abuse
I.A.P.
• Sexual Abuse
• Serious Physical Abuse
I.A.P.
• Sexual Abuse
• Serious Physical Abuse
• Serious Psychological Effects
I.A.P.
Point system
I.A.P.
The more serious the abuse, the more points are
assigned.
I.A.P.
The more serious the effects, the more
points are assigned.
I.A.P.
Compensation up to $275,000.00 for the most serious physical and
sexual abuse.
I.A.P.
Compensation up to $250,000.00 for lost income due to effects of abuse.
I.A.P.
• Covers abuse by adult employees,
• Student on student abuse (in some circumstances).
How Do I Apply?
Fill out and submit
IAP application form
How Do I Apply?
IAP application form is complicated.
Questions about legal issues.
Get help!
How Do I Apply?
Send us your story about
what happened to you.
We will prepare the IAP form.
How Do I Apply?
We will meet with you to make sure the information is right.
Have a support person with you. (RHSW)
How Do I Apply?
Filing application is NOT A RACE.
Need to take the time to do it right.
We may need to meet with you more than once.
How Do I Apply?
We send the IAP application
to Canada
Have to send school,
medical, work records.
How Do I Apply?
Canada reviews the claim and makes an offer.
If you accept the offer your claim
is finished.
How Do I Apply?
If you don’t accept the offer we hold a hearing (meeting) to talk
about your claim.
IAP Hearing
Private! Not public!
Not court!
You get to tell your story about
what happened to you.
IAP Hearing
You tell your story about
what happened to you.
IAP Hearing
Adjudicator can ask questions.
No cross examination.
You can take a break any time.
IAP Hearing
Adjudicators male or female
(your choice).
Some adjudicators are aboriginal.
Legal Fees
Legal Fees up to 25%
Canada pays 15%
You pay 10%
Legal Fees
Example:
Survivor gets $10,000
Legal fees $2,500 (25%)
Canada pays $1,500 (15%)
You only pay $1,000 (10%)
Legal Fees
Remember!
Government charges tax
(H.S.T.) on legal fees.
Help us Help You
Names and addresses of doctors/hospitals.
Help us Help You
Names and addresses of doctors/hospitals.
Work/education history.
Help us Help You
Names and addresses of doctors/hospitals.
Work/education history.
School/education history.
For further information contact:
Arnold Pizzo McKiggan, Trial Lawyers(Residential School Claims Team)
John McKiggan (Partner)Ian Hutchison (Associate Lawyer)
Ashley Newton (Paralegal)
306-5670 Spring Garden RoadHalifax, Nova Scotia B3J 1H6TOLL FREE: (877) 423-2050WEBSITE: www.apmlawyers.com
EMAIL: [email protected]
Thank you!
