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