Claims
10. (1) The Committee, subject to subsection (8), shall pay compensation to a person who makes a claim in accordance with this section and who satisfies the Committee that the person has suffered a financial loss and has not otherwise been fully compensated because, (a) a prepaid contract was cancelled and all the funds and income accrued thereon and owing to the person were not paid in accordance with section 34 of the Act; (b) a prepaid contract was not fulfilled and as a result it was necessary for the person to obtain funeral services, funeral supplies or transfer services other than under the prepaid contract; (c) a payment was not made to the person in accordance with section 35 of the Act; or (d) a refund was not made to the person in accordance with section 36 of the Act. (2) A claim for payment out of the fund may only be made, (a) within six months of the event giving rise to the claim in the case of a claim under clause (1) (a), (b) or (d); or (b) within six months of the date that the person could have reasonably been expected to have known that payment was due in the case of a claim under clause (1) (c). (3) A claim may be made by a claimant giving written notice of the claim to the Registrar who shall give a copy of the claim to the Committee. (4) The Committee may require as a condition precedent to making payment of a claim or any part thereof, the delivery and execution of such documents as the Committee in its discretion or upon the advice of its counsel considers necessary including such documents as are necessary for transferring to the Committee the interest of the claimant in such claim so as to subrogate the Committee to the position of the claimant against the participant. (5) Despite subsection (2), if circumstances warrant it, the Committee may grant an extension of time for making a claim against the Fund and the decision of the Committee as to any such extension is final and not subject to review. (6) The Committee shall determine the eligibility and the amount of any claim made by a claimant and shall direct the Trustee to pay any claim or any part thereof that meets the requirements of this Regulation and, subject to section 11, the decision of the Committee is final. (7) No amount shall be paid out of the Compensation Fund until the claimant assigns to the Compensation Fund any judgment or other right of any kind that the claimant has against the participant or any other person in respect of the claimant’s claim. (8) Despite subsection (6) and subsection 11 (4), the Trustee shall not pay out of the Compensation Fund, more than $25,000, exclusive of costs, to each claimant in respect of each transaction, for a claim or claims against any one participant. (9) For the purposes of subsection (8), a partnership and the members thereof are deemed to be one participant and a corporation and the officers thereof are deemed to be one participant. (10) If an amount is recovered from any source in partial satisfaction of the total claim against a participant, the maximum amount authorized by subsection (8) is reduced by the amount so recovered. (11) If it appears to the Board or the Committee that a customer of a participant will be entitled to claim against the Compensation Fund, and that the customer has been placed in circumstances where immediate funds or service are necessary to alleviate undue inconvenience of the customer, the Committee, with the concurrence of the Board, may direct the Trustee to pay out of the Compensation Fund an amount sufficient to alleviate the immediate inconvenience. (12) If a claim is approved by the Committee, the Trustee shall pay the claim out of the Compensation Fund to the person or persons entitled. (13) If a payment is made out of the Compensation Fund, the Committee is subrogated for the amount of the payment, to any and all rights or remedies to which the person receiving the payment is entitled in respect of the claim for which the payment was made, including rights and remedies as judgment creditor or execution creditor in respect of any judgment that has been assigned under subsection (7) against the participant or any other person or in the event of the death, insolvency, bankruptcy or other disability of the participant or other person, against the personal representative or other person administering the estate of the participant. R.R.O. 1990, Reg. 468, s. 10. Hearing by Tribunal