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Press Releases 2005

For immediate release

November 1, 2005

 

Oak Ridges MPP: Ontario Law Discriminates

Against HIV Victims

 

(Queen's Park)   Oak Ridges MPP, Frank Klees introduced legislation today that would remove a barrier that prevents the families of some HIV victims to receive compensation under a federal program established for that purpose.

The Bill, entitled the "Trustee Statute Law Amendment Act, 2005" received First Reading in the legislature today, and while it was tabled as a Private Member's Bill, Klees is hopeful that the government will see the wisdom of proposal and expedite the amendment.

 

Klees introduced the proposed Bill with the following explanation:

"Jennifer Dawson was infected with HIV through tainted blood and she died of transfusion-associated AIDS at the age of 40. She is survived by three children-Tamara Lynne, Julie Anne and Mathew Patrick.

Their father, Patrick Dawson, brought to my attention a defect in Ontario 's limitations law that precludes wrongful death claims unless the tort is discovered within two years of death.

This bill before us rectifies that defect by amending section 38 of the Trustee Act to provide for the limitation period for an action to expire on the second anniversary of the day on which a claim was actually discovered, rather than the second anniversary of the day of death. The adoption of this amendment will allow the Dawson family to apply for compensation that was made available to other persons and estates that were affected by HIV blood through blood transfusions under a plan by the Red Cross that was established under a federal bankruptcy law.

This amendment will bring Ontario 's law into line with every other province in Canada , and I do hope that all members of the Legislature will support this important legislation."

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For further information:

Frank Klees, MPP

416-325-7316

905-707-3160