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Court approves key elements of Completion Strategy

August 21, 2014

The Ontario Superior Court of Justice has approved two key elements of the Independent Assessment Process Completion Strategy.

The Honourable Justice P. Perell has signed consent orders approving the Incomplete File Resolution (IFR) procedure and the Lost Contacts Protocol. Both documents are part of the Chief Adjudicator’s plan for resolving the remaining IAP caseload in a fair, impartial and claimant-centred manner.

The Lost Claimants Protocol outlines pro-active measures to contact claimants that the Adjudication Secretariat is unable to contact. Every reasonable effort will be made to locate and contact them in order to move their claim forward, all the while striving to protect their confidentiality.

The IFR procedure is designed to resolve cases that are stalled and have no reasonable possibility of concluding with a hearing without additional measures being applied. The procedure is a two-step process which involves intensive case management by Adjudication Secretariat staff and an adjudicator. It includes safeguards at every stage to protect the claimants' rights and try to get claims to a hearing.

As of July 31, 2014, the Indian Residential Schools Adjudication Secretariat had received 37,922 applications for compensation under the Independent Assessment Process. To date, 28,670 claims have been resolved, and 9,252 remain in progress. The Secretariat plans to hold 4,500 hearings in 2014-15, with the remainder taking place in 2015-16. It is anticipated that all claimant first hearings will be held by the spring of 2016. Post-hearing work will be finalized by spring 2018, with final close-up activities after that.

Related documents:

Completion Strategy

Incomplete File Resolution procedure

Consent Order on Incomplete File Resolution procedure

Lost Claimants protocol

Consent Order on Lost Claimants protocol