What is the appeal process for an individual class member to appeal the determination that they are not eligible to claim?
British Columbia, Canada
The following excerpt is from Wilson v Depuy International Ltd., 2018 BCSC 1192 (CanLII):
The determination of eligibility is made by a claims administrator. There is an appeal process available to the individual class member or the defendants if either disagrees with the claims administrator’s decision. The continued involvement of the defendant in the processing of the claims is not ideal from the perspective of the class, but the eligibility limitations are sufficiently clear, such that I expect such appeals will be limited. Counsel advised that this was certainly the case in the Zimmer litigation, which had a similar structure: Jones v. Zimmer GMBH, 2011 BCSC 1198, aff’d 2013 BCCA 21, settlement approved 2016 BCSC 1847.
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