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ARTICLE · 20 JULY 2013

Who Is Entitled to Unclaimed Trust Funds in a Class Action?

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In Canadian Red Cross Society (Re), 2012 ONSC 7124, the court was asked to determine who should receive the unclaimed trust funds of a class action settlement.

CanadaLitigation, Mediation & Arbitration
Louise Moher
Louise Moher
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Co-author: Rory Wasserman (Student-at-law)

In Canadian Red Cross Society (Re), 2012 ONSC 7124, the court was asked to determine who should receive the unclaimed trust funds of a class action settlement.

In September 2000, a class action was settled by the establishment of five trusts to pay individuals who allegedly received contaminated blood transfusions.

Eleven years later, the trustee sought directions from the court as to who should receive surplus funds held by the Claims Administrator. From over $68 million in the funds, approximately 164 cheques, totalling $483,983, were never cashed or the intended recipient could not be located. The uncashed cheques ranged in amount from $100 to over $10,000.    

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